My son developed cerebral palsy after experiencing a difficult birth, how much time do I have to claim compensation for cerebral palsy at birth?
Making a claim for compensation for cerebral palsy at birth is possible if you have been the victim of the negligence of a third party who owed you and your son a duty of care. The amount of time you will have to make a claim will be determined by the Statute of Limitations, although you are advised to seek legal advice at the earliest opportunity regarding the cerebral palsy accident at birth. Going through childbirth should be handled with significant care and you should not expect your son to sustain a cerebral palsy injury at birth. However to determine liability for the accident and to establish whether your son is entitled to compensation, you are advised to contact a personal injury* solicitor at the earliest opportunity regarding your son’s claim for cerebral palsy at birth.
Generally, the Statute of Limitations is two years for a personal injury* claim, although this will be different for compensation for cerebral palsy at birth. Under Irish law, a child cannot initiate a claim for cerebral palsy at birth until he or she has reached the age of eighteen – from which point they will have two years in which to seek compensation. However, it is possible that your son could require compensation for his cerebral palsy accident at birth for his educational needs and medical costs before then. For this reason, a parent or guardian can make a claim for a cerebral palsy injury at birth on account of the child at any point between the injury itself and the child’s eighteenth birthday as a “next friend”.
This essentially means compensation for cerebral palsy at birth can be sought at any stage between the child’s birth and their twentieth birthday. However this does not necessarily mean that you should take your time in pursuing compensation for cerebral palsy injury at birth. It should be remembered that evidence to support a claim for cerebral palsy at birth could become misplaced or disappear entirely over time and waiting almost two decades before initiating a claim could greatly damage your son’s full entitlement to compensation. There is also the fact that by seeking compensation for a cerebral palsy accident at birth at the earliest opportunity, you will also have a significantly improved likelihood that you will have enough to pay for suitable education and medical treatment for your son.
Claiming for a cerebral palsy injury at birth can be difficult, particularly considering that as a medical negligence* claim it will not be assessed by the Injuries Board. For this reason you are strongly advised to consult a personal injury* solicitor at the earliest opportunity following your son’s cerebral palsy accident at birth. While this can seem like a daunting prospect, the assistance of a solicitor will greatly ease the process of making a claim and improve the likelihood that your son’s claim for cerebral palsy at birth will be successful. For this reason you are advised to contact a personal injury* solicitor at the earliest opportunity regarding your compensation for cerebral palsy at birth.