Cerebral Palsy Claims — Birth Injury Compensation

Last reviewed: June 2026 · EA Personal Injury Solicitors

Cerebral palsy caused by oxygen deprivation during birth due to negligent obstetric care can give rise to a claim for substantial compensation. EA Personal Injury Solicitors handles cerebral palsy birth injury claims with care and expertise on a no win, no fee basis.

TL;DR — Quick Summary

Key Points

Cerebral palsy is only caused by negligence where birth management failures caused brain injury
Compensation for severe cerebral palsy can reach millions to fund lifetime care
Claims can be brought before the child's 18th birthday by a parent or litigation friend
Interim payments can fund therapy and care while the claim proceeds
No win, no fee — if the claim succeeds, a success fee may be deducted from your compensation

Cerebral Palsy — Causes and Types

Cerebral palsy is the most common childhood physical disability. It describes a group of permanent disorders of movement and posture resulting from injury to or abnormal development of the brain. Cerebral palsy may be spastic (affecting muscle tone and causing stiff or weak muscles), dyskinetic (involuntary movements), ataxic (affecting balance and coordination), or a mixed type.

Cerebral palsy can arise from many causes, not all of which involve negligence. Genetic factors, antenatal infections, extreme prematurity, and brain injuries in the early neonatal period account for many cases. Legal claims arise specifically where the brain injury that caused the cerebral palsy occurred during labour and delivery and could have been avoided with competent obstetric and midwifery care.

Obstetric Failures That Can Cause Cerebral Palsy

Intrapartum hypoxia — oxygen deprivation during labour and delivery — is the pathway through which obstetric negligence most commonly causes cerebral palsy. Failures that can lead to intrapartum hypoxia include:

Failure to monitor the fetal heart rate adequately via CTG
Failure to recognise CTG abnormalities indicating fetal distress
Delay in decision to perform an emergency caesarean section
Delay in actually delivering by emergency caesarean once the decision is made
Mismanagement of shoulder dystocia
Failure to diagnose and manage cord prolapse or placental abruption promptly
Inappropriate use of oxytocin (Syntocinon) causing uterine hyperstimulation
Delay in neonatal resuscitation

What Compensation Can Cover

Cerebral palsy claims involving severe disability can result in the largest personal injury awards in England and Wales. Compensation may include:

General damages for pain, suffering and loss of amenity
Lifetime care costs — typically the largest single element
Specialist accommodation and necessary adaptations
Therapies — physiotherapy, occupational therapy, speech and language therapy, hydrotherapy
Specialist equipment — communication aids, powered wheelchairs, orthotics, beds
Specialist education — specialist school placements, educational support
Transport and vehicle adaptations
Lost future earnings

Building a comprehensive schedule of future losses requires input from care experts, occupational therapists, accommodation specialists, education specialists and financial experts. We work with leading experts in each field.

No Win, No Fee Cerebral Palsy Claims

We act under a Conditional Fee Agreement. If the claim fails, you pay nothing. If the claim succeeds, a success fee may be deducted from your compensation. Legal Aid may also be available for birth injury claims — we can advise on eligibility.

Frequently Asked Questions

Is all cerebral palsy caused by negligence?

No. Cerebral palsy can be caused by genetic factors, antenatal infections, prematurity, or brain injuries occurring before, during or after birth. Only where the brain injury occurred during labour and delivery due to a preventable failure by the obstetric team can a negligence claim be made. Independent expert evidence determines whether the injury was caused by negligence.

How long do I have to bring a cerebral palsy claim for my child?

Claims can be brought at any time before the child's 18th birthday by a parent or litigation friend. After the child turns 18, they have their own three-year period until they turn 21. Acting early is strongly recommended to preserve evidence and access compensation sooner.

Can I get interim payments to fund my child's care and therapy?

Yes. Where liability is admitted or likely to succeed, the court can order interim payments from the defendant's insurers (NHS Resolution) before the claim is finally resolved. These can fund rehabilitation, therapy, specialist equipment and care.

How much compensation is available for cerebral palsy?

Cerebral palsy claims can attract some of the largest compensation awards in English law. A severely affected child may need lifetime care, therapies, specialist accommodation, adapted vehicles and equipment. Future care costs alone can run to millions of pounds. Every case is different and no specific outcome can be guaranteed.

Can the child's siblings or parents also claim?

Parents who suffered psychiatric injury (such as PTSD or severe depression) as a result of witnessing the birth negligence may have their own personal injury claims. Claims on behalf of siblings are generally not available in English law unless they also suffered direct harm.

How are cerebral palsy claims funded?

We act under a no win, no fee Conditional Fee Agreement. If the claim fails, you pay nothing. If the claim succeeds, a success fee may be deducted from the compensation. Legal Aid is also available for birth injury cases involving children — we can advise on whether this is applicable.

Published by EA Personal Injury Solicitors

Edward and Amaury Limited · SRA No. 800525

Verify the firm and its regulated people on the SRA Register. General information only; this is not legal advice.