Giving birth is supposed to be a positive experience, but sadly mistakes can be made resulting in serious physical and psychological harm to new mothers. If this is something you or a loved one have experienced, the health consequences and impact for overall wellbeing can be very long lasting.
Following a maternal birth injury, the mother will likely need ongoing medical treatment, counselling and other forms of specialist care. Unfortunately, the costs involved are beyond the means of most families, which is why claiming compensation can be so essential.
Compensation for a maternal birth injury can also replace lost income, giving your family financial security if you have to give up work. It can also be your chance to get the answers you and your family so desperately need.
At this difficult time for you and your family, you deserve clear answers and close personal support. Having represented families like yours in Rhondda Cynon Taff and Bridgend for over 30 years, our maternal birth injury solicitors can give you all the help you need to get a fair outcome for your family.
Why choose Devonalds when claiming for a birth injury to a mother?
We take pride in our strong connection to the local community, with most of our team being born and bred in the Rhondda Cynon Taff area, where we have advised and represented families for more than three decades.
If you’re not used to dealing with lawyers, we know that it can be intimidating to take that first step of getting in touch and asking for help. We want you to know that we are people just like you and we will do everything we can to make you feel comfortable and answer your questions and concerns.
You will have the dedicated support of a member of our team who will handle your case from start to finish. They’ll be available by phone and email at all times, so you can always speak to someone you know and who knows you if you have a question or need an update on the progress of your claim.
Wherever possible, we will seek an early out-of-court settlement, so you get fair compensation faster, with lower legal fees and much less stress. However, should court proceedings be needed, we can ensure you have the very best legal representation and personal support every step of the way.
Speak to us about starting a birth injury to mother compensation claim today
For a friendly, informal discussion about claiming compensation for an injury you or a loved one sustained while giving birth, please contact your local team in Bridgend, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.
How maternal injury compensation claims work
Starting a claim
You likely have a lot of questions, including about whether you are entitled to compensation and how making a claim works. We offer a free initial consultation so we can answer your questions and help you decide what action you want to take.
During this meeting, we won’t put any pressure on you to pursue a claim with us, it’s all about giving you the right information so you can make the best choice for your family.
No win no fee birth injury to mother claims
More properly known as a ‘conditional fee agreement’, with a no win, no fee deal there is no upfront to start a claim. You will only need to cover our fees if we secure compensation for you, so there is no financial risk to you in starting a claim.
Proving your maternal injury was caused by medical negligence
For a successful claim, we have to prove that your injuries were caused by medical negligence. We will typically rely on various types of evidence to prove this, including:
- Medical records
- Examinations by independent medical experts
- Witness testimony
Our medical negligence solicitors know what it takes for a successful maternal birth injury claim. We can ensure all of the right evidence is gathered and presented effectively, so you have the best chance of securing an early settlement or achieving a positive outcome if your case goes to court.
Calculating the value of your birth injury to mother compensation
The amount of compensation you could receive is obviously really important when thinking about making a claim as you need to be confident it will cover all of your needs. Working this out is often referred to as ‘assessing quantum’ or ‘assessing quantum of damages’.
The compensation available for a birth injury to a mother could potentially cover:
- The cost of medical treatment, specialist care & equipment
- Lost income if you need to take time off or give up work
- Your pain and suffering
- Travel costs and other expenses
- Loss of amenity i.e. not being able to carry out activities you would otherwise have enjoyed
Time limits for maternal injury compensation claims
You will typically have three years to make a claim for a maternal birth injury from the date of knowledge i.e. when you knew an injury had occurred and that it was likely due to medical negligence.
There can be certain situations where you will have longer to claim, however, so it is always worth consulting an expert to make sure you don’t miss out on your chance to get fair compensation.
If you are unsure whether you still have time to make a claim, please don’t hesitate to get in touch.
Reaching an out-of-court settlement
With strong skills in negotiation and Alternative Dispute Resolution (ADR), we will always aim to settle your family’s claim out-of-court wherever possible. This can get you the compensation you need much faster, with lower legal fees and less stress for your family.
Taking your maternal injury claim to court
If court proceedings are needed, our team will make sure you and your family have all of the legal, practical and personal support you need every step of the way.
We will assist with preparing your case and ensuring you have the best possible representation for your hearing. We will also keep you informed of exactly what to expect at every stage of proceedings and the potential outcomes, working to keep the process as transparent and stress-free as we can.
Managing birth injury to mother compensation
Following a successful claim, you will need to manage your compensation effectively to ensure your long-term needs can continue to be met.
Something you will may need to consider is how receiving compensation may affect your access to means-tested benefits. We can advise you on placing compensation into a personal injury trust, which lets you ‘ring fence’ the funds, so they can be used to meet your needs without affecting benefits entitlements.
Common questions about maternal injury claims
Can you claim compensation for birth injuries to the mother?
Yes, if the mother was injured as a result of negligent treatment during the birth of their child, they may be entitled to compensation. This can include both physical injuries and psychological injuries reflecting the full impact negligent birth care can have on mothers.
How long does it take to get birth injury compensation for maternal injuries?
Our goal is to get you the full compensation you are entitled to as quickly as possible. However, it is essential to be honest about how long these types of complex claims take. Due to the very substantial damages typically at stake, a successful claim can take several years.
Claims can usually be resolved faster where an out-of-court settlement can be agreed and if you are in urgent need of funds for your care, then interim payments can often be secured while the claim is ongoing.
How do interim payments for maternal birth injuries work?
Getting you the help you need, when you need it is really important – you should never have to wait for the care you need because of a lack of funds to pay for essential treatment, equipment or other types of help due to a lack of funds.
Interim payments can provide the necessary funds while your claim is still ongoing. NHS trusts and other healthcare providers will often agree such payment where they admit liability but the total compensation you are entitled to has not yet been agreed.
Can you claim compensation for someone who died due to maternal birth injuries?
Yes, if it can be shown that the injuries were caused by medical negligence then a dependant or representative of the estate can potentially make a claim. In such cases, you will have three years from the date of death to claim.
Compensation for fatal maternal birth injuries could potentially include:
- · Funeral costs
- · Lost earnings
- · Household costs
- · Medical costs
- · Childcare costs
- · Loss of benefits (e.g. pension rights)
- · Loss of services (e.g. personal care support)
- · Counselling
Start a maternal birth injury compensation claim
For a friendly, informal discussion about whether you might be entitled to compensation for a maternal birth injury you or a loved one experience, please contact your local Devonalds team in Bridgend, Pontypridd, Talbot Green, Tonypandy