Thinking about legal advice for your child’s brain condition? Here’s what you need to know

14 January 2025

Claudia Hillemand of Bolt Burdon Kemp answers some common concerns parents have about making a claim.

Thinking about legal advice for your child’s brain condition? Here’s what you need to know

14 January 2025

Claudia Hillemand of Bolt Burdon Kemp answers some common concerns parents have about making a claim.

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If your child has a brain condition, you might be wondering whether to seek legal advice. Understandably, many parents feel overwhelmed or even afraid at the thought of starting a compensation claim. Questions about funding, suing the NHS, and the time involved can feel like too much to deal with. But seeking advice from a specialist solicitor could be one of the most important steps you take to support your child’s future.

At Bolt Burdon Kemp, we understand how hard this decision can be, and we’re here to help. Below, we’ve answered common concerns parents have about making a claim.

Why make a compensation claim?

Parents often make a claim to understand the reasons for their child’s condition. They might feel angry or want to prevent similar situations for other families. Most importantly, parents want to secure the best possible future for their child.

Compensation can provide financial support for your child’s care, therapy, education, and equipment. It helps cover medical costs, specialist technology, and even housing adaptations to meet your child’s needs. It can also give parents peace of mind, knowing their child will be cared for no matter what happens.

Making a claim can also lead to accountability and changes within the healthcare system to prevent future mistakes. Many families tell us they find a sense of justice and closure through the process.

What about the cost?

The good news is that you can make a claim without worrying about legal fees. We offer “no win, no fee” arrangements, meaning you won’t pay anything upfront. And, if your child’s claim is successful, we will recover most of our costs from the defendant and won’t seek any contribution towards our fees from your child’s compensation.

It’s also important to know that compensation payments don’t come directly from NHS resources. Instead, they’re paid by the NHS’s insurer, which is funded through premiums paid by NHS Trusts—the way you might pay for your car insurance.

Will the NHS treat my child differently if I bring a claim?

Many parents worry that suing the NHS could affect their child’s care. In reality, the staff treating your child are usually working in a different department of the hospital , are not involved in the claim and are unlikely to know about it. We’ve never seen a case where a child was treated differently because of a claim.

Also, claims are usually against the NHS Trust, not individual staff members. Often, these claims highlight systemic issues, such as understaffing or lack of training, rather than mistakes by specific individuals.

What can compensation provide?

Compensation can fund life-changing support, including:

  • Specialist therapies (e.g., speech and language therapy, physiotherapy, occupational therapy)
  • Education support, such as one-to-one teaching assistants or assistive technology
  • Care packages with fully trained support workers/rehabilitation assistants managed by professionals
  • Equipment like wheelchairs, adapted vehicles, sensory toys, and communication aids
  • Housing adaptations or a new, more suitable home
  • Long-term financial security to ensure your child’s needs are met for life

How long does it take?

Every claim is unique, and the time needed depends on your child’s circumstances. A claim can only be finalised once your child’s long-term needs are clear, but interim payments may be available early on to fund care, therapy, accommodation and other essentials.

Is it too late to claim?

In most cases, you have until your child’s 21st birthday to make a claim. However, starting sooner can mean quicker access to rehabilitation and support when it’s most needed.

If your child’s brain condition was diagnosed years after their birth, or after the event causing the condition (such as an accident or surgery), they may still have a claim. Some children with mild injuries are only diagnosed after showing developmental delays. If you’re unsure, seek advice as soon as possible.

Take the first step

If you’re worried or unsure, remember that an initial consultation with a specialist solicitor is free and without obligation. At Bolt Burdon Kemp, our Child Brain Injury team specialises in helping babies, children and young people who have a brain condition due to a traumatic accident or a medical mistake. Our solicitors have deep expertise in the unique challenges of pursuing these compensation claims and understand the impact your child’s condition has on you, the parents, and the wider family.

We’ll explain everything in plain English, help you understand your options, and support you through every step of the process.

By taking legal advice, you’re not just seeking compensation—you’re taking action to secure your child’s future and give them the best possible chance to thrive.

You’ve already done so much for your child. Let us help you take the next step.


Although we are grateful to receive support from a number of corporate sponsors, we do not endorse any specific organisation. If you are seeking legal advice, we encourage you to contact a number of experienced solicitors for an initial discussion before selecting a firm.

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