If you or your child has experienced a birth injury due to medical negligence, you may be entitled to compensation. While money can’t undo the harm caused, it can make a real difference in ensuring you and your family have the support, care and security you need for the future.

Compensation in birth injury cases is designed to cover both the financial costs you’ve already faced and those you are likely to face in the future. It can also provide recognition for the pain, suffering and loss of quality of life you have experienced.

Types of damages in a birth injury claim

Birth injury compensation is usually made up of two parts: general damages and special damages.

1. General damages – pain, suffering and loss of amenity

General damages aim to compensate you for the injury itself – the pain and distress it has caused, and how it has affected your quality of life. In birth injury cases, this could include:

• The physical pain experienced by the mother or child during and after delivery.
• Long-term physical or psychological effects on the mother or child.
• Loss of independence or reduced ability to enjoy activities you once did.

The amount awarded will depend on the severity of the injury, the impact it has had on daily life, and how long the effects are expected to last.

2. Special damages – financial losses and future needs

Special damages cover the financial costs you have already incurred, as well as those you are likely to face in the future. These can be substantial in birth injury cases, especially if a child has ongoing care needs. Examples include:

• Care costs – professional care, respite care, or the value of care provided by family members.
• Therapy and rehabilitation – physiotherapy, occupational therapy, speech and language therapy, or psychological support.
• Medical equipment and adaptations – wheelchairs, mobility aids, specialist beds, home adaptations or accessible vehicles.
• Loss of earnings – if a parent needs to give up work or reduce hours to provide care, or if the injured person’s ability to work in the future is affected.
• Ongoing medical expenses – medication, private treatment, or specialist appointments not available through the NHS.

Realistic expectations

Compensation amounts vary widely depending on the circumstances. For example:

• A claim involving temporary maternal injuries with full recovery may be worth tens of thousands of pounds.
• A claim involving a child with a severe, lifelong disability such as cerebral palsy could result in a multi-million-pound settlement to cover lifelong care, housing, and support needs.

While some birth injury claims result in high-value settlements, it’s important to have a realistic understanding of how compensation is calculated.

The final figure will depend on factors such as:

• The severity of the injury.
• The impact on day-to-day life and future needs.
• The cost of care, treatment, and specialist equipment.
• Expert evidence about the injury’s long-term effects.

Sometimes the amount you receive can be reduced if the court decides the other side is only partly responsible for what happened. For example, if your case is valued at £10 million but the court finds the defendant is 60% liable, you would receive £6 million instead of the full amount.

Every case is assessed individually. Your solicitor will work with medical and financial experts to calculate what you need both now and in the future.

Why specialist advice matters

Birth injury claims can be complex and emotionally challenging. Working with an experienced birth injury solicitor ensures that every aspect of your situation is taken into account, from the cost of therapies to the impact on your family’s daily life. This helps ensure you receive the right level of compensation to meet your needs for the long term.