Children’s Accidents Claims

It is common for children to have accidents. Most of the time these are due just to children being children and parents are used to dealing with bruises, cuts, etc. Typically, when a child has an accident it is no one’s fault.

However, in certain circumstances a child might suffer an injury as a result of someone’s negligence. In such circumstances you may claim compensation for your child’s injury. It is understandable that a concerned parent will not think of claiming compensation initially. Compensation Solicitors Online understand the parent’s need to relieve the child’s pain and suffering as soon as possible. Therefore, in addition to the monetary compensation, we will ensure that your child gets the right treatment and rehabilitation for their needs. Moreover, we will help you get the justice which your child and you deserve.

Monetary compensation which you get could be used to help your child in various ways:

  • Private medical treatment to assist recovery;
  • Help with catching up and keeping up with school work;
  • Money on trust or account to help your child in the future.

A child under 18 is not lawfully permitted to bring a compensation claim. Therefore, someone else (e.g. a parent) can be appointed to deal with the claim on the child’s behalf as a ‘litigation friend’. However, a litigation friend must be impartial and independent. Thus, a person cannot be a litigation friend to an injured child if they have been at fault for the accident in which the child suffered the injuries.

There are various circumstances in which a claim for compensation for an injury suffered by a child may be made:

  • Road traffic accident (See our ROAD TRAFFIC ACCIDENT CLAIMS, HIT AND RUN & UNTRACED DRIVER (MIB) CLAIMS sections)
    • as a passenger
    • as a cyclist
    • as a pedestrian
  • Accident caused by dangerous products (See our DEFECTIVE PRODUCT CLAIMS section)
  • Accident at school, nursery or college (See our ACCIDENT IN PUBLIC PLACE CLAIMS section)
  • Accident at an amusement park or a funfair (See our ACCIDENT IN PUBLIC PLACE CLAIMS section)
  • Lift or escalator accident (See our ACCIDENT IN PUBLIC PLACE CLAIMS section)
  • Accident at another public place, e.g. supermarket, restaurant, etc. (See our ACCIDENT IN PUBLIC PLACE CLAIMS section)
  • Accident on holiday (See our HOLIDAY CLAIMS section)
  • Accident abroad (See our HOLIDAY CLAIMS section)
  • Slips, trip and fall accidents (See our SLIP&TRIP CLAIMS section)
  • Accident at work (See our ACCIDENTS AT WORK CLAIMS section)
  • Medical negligence (See our MEDICAL NEGLIGENCE CLAIMS section)
  • Accident resulting in serious injury (See our SERIOUS INJURY CLAIMS section)
  • Accident resulting in spinal injury (See our SPINAL INJURY CLAIMS section)
  • Accident while playing sports (See our SPORTS INJURY CLAIMS section)

WHY COMPENSATION SOLICITORS ONLINE?

Our specialist solicitors have years of experience in making claims for compensation on behalf of injured children. Our expertise is essential in dealing with this type of cases as we are aware of the different issues that you and your child might face.

We try to ensure that everything we do in handling the case is in the best interest of the child. We will not require you to leave your injured child’s side, but we will visit you at your home or at the hospital.

Moreover, we can provide support and advice on different matters, such as:

  • Accommodation
  • Rehabilitation
  • Family matters
  • Finance
  • Education

YOUR CLAIM

A children’s accident claim includes the following three steps:

ESTABLISHING LIABILITY (WHO WAS RESPONSIBLE FOR THE ACCIDENT):
The first step is to show who was at fault for the accident to take place and to what degree. This is not necessarily straightforward and sometimes contributory negligence may be found (the victim has contributed to some extent to the harm that s/he has suffered). However, this concept only plays a role in calculating the compensation value and does not affect the establishing of liability.

SHOWING CAUSATION (SHOWING THAT THE ACCIDENT CAUSED THE INJURY):
Once a degree of liability has been established, it must be demonstrated that the resulting injury has been caused by the accident, and not by a previous medical condition or another accident, for example.

CALCULATING THE QUANTUM (ESTABLISHING THE APPROPRIATE AMOUNT OF COMPENSATION):
The compensation in such cases will have the purpose of attempting to put the claimant in the position s/he has been in before the accident. It is our specialist solicitors’ job to liaise with medical and other experts in order to prepare a Schedule of Loss, setting out the solutions and costs to all problems which the claimant has or may have in the future, as a result of the accident.

Our expert solicitors have experience in achieving the best results in all the three steps of the process, thus ensuring that you get the best compensation which you deserve.

DAMAGES

There are two parts to any compensation claim, consisting of two types of damages:

GENERAL DAMAGES
General damages are calculated as a part of the compensation based on the type of injury and are designed to compensate for pain and suffering and the impact on the claimant’s enjoyment of life.

SPECIAL DAMAGES
Special damages are the more variable part of the compensation and depend on individual circumstances. The claimant may be able to recover:

  • Expenses relating to the cost of living with any disability;
  • Expenses to cover services provided by other people;
  • Increased accommodation costs;
  • Loss of earnings;
  • Medical expenses;
  • The cost of buying in care.

Establishing the level of special damages to be paid is a crucial part of a compensation claim. Compensation Solicitors Online have experience in compensation claims in cases of personal injury.

TIMING

Generally, personal injury claims have a three year time limit i.e. court proceedings have to be issued at least one day before the third anniversary of the accident , otherwise they will be time barred and you will no longer be able to pursue your claim.. (There are a few exceptions to this rule and the court does have some very limited discretion to extend the various time limits). You can still pursue a claim for personal injury after the third anniversary of the accident, you just have to make sure court proceedings have been issued before that third anniversary in order to do so.We will be happy to discuss this further with you.

If you are a minor at the time of the accident, i.e. under 18 then the 3 year limitation date starts to run after you have turned 18. Furthermore, there also a complicated set of rules that allows the 3 years limitation date period to run from the date of knowledge of the incident/accident. These rules normally apply to clinical/medical negligence cases or industrial disease claims, where they may be a long latency period between the incident giving rise to your claim and you first suffering any symptoms and becoming aware of it. The rules on this are technical and we will, once again, be happy to discuss this in detail with you.

NB: The parent/guardian of an injured child can make a claim for compensation for the injury of the child on the child’s behalf from the moment the accident has happened up until the moment when the child turns 18.

Once the child has reached 18 the limitation period of 3 years in which they can bring a claim for their injury starts running, if their parent/guardian has not already done so.

FUNDING

There are a variety of funding options open to you. We will discuss these options with you in more detail and where appropriate represent you on a no win no fee basis (also known as a Conditional Fee Agreement).

MAKE A CLAIM

If you would like to speak directly to one of our team you can either call us on 0208 203 4999 or send us your enquiry and we will give you a call back to discuss your claim within 1 business day.

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