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Cerebral Palsy Claims

England & WalesLast reviewed 18 September 2026

A cerebral palsy claim can succeed only where substandard care caused or contributed to the brain injury, since many cases of cerebral palsy have no negligent cause. Where it does, damages are often very large because they must fund a lifetime of care.

Was Negligence the Cause?

Direct Answer: A claim needs expert evidence that care fell below a reasonable standard, for example a delayed emergency delivery in the face of fetal distress, and that this, on the balance of probabilities, caused or materially contributed to the brain injury.

Neonatal, obstetric, neuroradiology and neurology experts review the fetal monitoring, timing of decisions, the baby's condition at birth and MRI findings. Causation is often the most contested issue, because cerebral palsy can result from causes unrelated to the birth.

How the Claim Is Valued

Compensation includes pain and suffering, but the largest elements are the cost of care and case management for life, therapies, equipment, accessible housing and transport, and loss of earnings. Because these costs continue for decades, settlements often use periodical payments, index-linked lifelong payments, alongside a lump sum. The discount rate, currently +0.5%, affects lump-sum future care calculations.

Funding and Time

Legal aid is available for clinical negligence claims where a child suffered a severe neurological injury in the specified pregnancy or birth period. A parent or litigation friend can bring the claim at any time, and the child has until three years after their 18th birthday. Settlements require court approval.

Frequently Asked Questions

Is cerebral palsy always caused by negligence?

No. Many cases arise from causes unrelated to negligent care. A claim only succeeds if expert evidence shows substandard care caused or materially contributed to the injury.

What compensation is available for cerebral palsy?

Damages for pain and suffering plus the cost of lifetime care, therapy, equipment, housing, transport and loss of earnings, which usually make up most of the claim. The amount depends on the child's needs.

What are periodical payments?

Regular, index-linked payments for life, instead of or as well as a lump sum, which protect against the risk of the money running out or the child living longer than expected.

Is legal aid available?

It can be, where negligence in pregnancy, birth or the first eight weeks caused a neurological injury that left the child severely disabled. Merits and eligibility tests apply.

How long do we have to bring a claim?

A parent or litigation friend can claim at any time during childhood, and the child can claim until three years after their 18th birthday. Evidence is easier to gather sooner.

Can I bring a clinical negligence claim on a no win no fee basis?

Usually, if a solicitor thinks the claim has reasonable prospects, because legal aid is not generally available for clinical negligence. Expert reports are a large cost, so many claimants also take out after-the-event insurance. Ask your solicitor how disbursements are covered, and how QOCS protects you from the other side's costs if you lose.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Limitation Act 1980, s.33 (discretionary exclusion of time limit)

    A court can allow a personal injury claim to proceed out of time where it is equitable to do so. It is a discretion, not a right, and should not be relied on.

  7. Limitation Act 1980, s.28 (extension for disability)

    Time does not run while a person is a child or lacks capacity to conduct proceedings. For a child's personal injury claim the three years generally starts on their 18th birthday.

  8. LASPO 2012, Sched. 1, Pt 1, para 23 (clinical negligence and severely disabled infants)

    Legal aid remains available for clinical negligence claims only where negligence during pregnancy, birth or the first eight weeks caused a neurological injury leaving the child severely disabled.

  9. Ministry of Justice — Personal Injury Discount Rate (England and Wales) · in force from 11 January 2025

    The rate is +0.5% from 11 January 2025, replacing the former -0.25% rate.

  10. NHS Resolution

    Handles clinical negligence claims against NHS trusts in England under the Clinical Negligence Scheme for Trusts.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.