Children’s Accident Compensation Claims Solicitors.

As children are growing up, accidents such as trips and falls in the home are fairly common and are often not too serious, and each year, more than two million children under the age of 16 are involved in such accidents.

However, accidents that occur outside of the home, for example in a school or nursery setting, are typically more likely to be caused due to somebody else’s negligence. In fact, the leading cause of accidents in children aged between 0 and 4 is inadequate supervision.

In order to make a claim for child injury compensation, we would first need to determine that your child was owed a duty of care by the defendant. Then, it must be proven that an act of negligence breached that duty and led to an accident, and your child’s health suffered as a direct result.

The kind of accidents that can lead to child injury compensation claims can include:

• Road traffic accidents – If your child is hit by a vehicle whilst crossing the road, or injured as a passenger in a vehicle due to not being provided with the correct safety seat or harness, you may be able to make a child road traffic accident claim.
• Accidents at school/nursery – Children accidents that occur in a childcare or educational setting could include falling off a broken chair, slipping on wet floor, ingesting a known allergen, falling ill after eating poorly prepared foods, or being injured on a school trip due to improper supervision or disregard of safety measures.
• Accidents in a shop – This could include injuries caused by loose signage, unsecured mannequins or furniture falling on the child, or a slip, trip, or fall caused by loose wiring, debris, or wet floors.
• Accidents at a playground – It may be possible to make a claim if your child sustains a serious injury due to faulty public playground equipment, for example falling from a climbing frame without appropriate safety barriers, or suffers a trampoline park injury.
• Dog bites – If your child is bitten by a dog due to the carelessness or negligence of its owner then you could be entitled to claim compensation for dog bites.
• Accidents involving toys – In some instances, a child may be injured by a toy which can be traced back to a manufacturing error, or a toy that has been incorrectly marketed to the wrong age group. For example, a toy with a choking hazard may be erroneously marketed to under threes.
• Slips, trips, and falls – Slip, trip and fall injuries can happen in a variety of places, and could be caused by things like loose carpet, exposed wiring, rubbish or debris blocking the pathway, or wet flooring that hasn’t been cleaned up or signposted appropriately.

This list is by no means exhaustive, and if your child has been injured in any type of catastrophic accident caused by somebody else’s negligence, it is likely that you will be able to claim compensation. Please don’t hesitate to get in touch with us today and our friendly team will be more than happy to discuss your case and offer impartial advice.

Depending on the type of accident that your child was involved in, there are a number of different injuries that may have occurred, ranging from mild to severe, and even fatal in some unfortunate instances. Injuries that you can claim for include, but are not limited to, the following:

• Broken bones, including arms, wrists, legs, ankles, fingers, collarbone etc.
• Head injuries, including concussion.
• Lacerations and bruising.
• Soft tissue injuries, e.g. sprains, strains, and contusions.
• Neck injuries, such as whiplash.
• Psychological injuries such as PTSD.

As well as being able to claim compensation for the physical and mental injuries your child has sustained, if your child was sadly killed in the accident you may also be entitled to make a claim. Please speak to our team of specialist personal injury solicitors today, who will listen to your case with empathy and understanding, before offering you expert advice.

It is difficult to estimate the amount of compensation that you may receive, as each child injury case is assessed individually. The amount rewarded is dependent upon the severity of your child’s injuries, how likely they are to make a full recovery, and your family’s particular circumstances. However, our specialist personal injury lawyers will endeavour to ensure you are awarded the maximum amount of compensation to which you are entitled.

A child injury compensation award may include both general damages and special damages. These amounts can help you to cover the costs associated with the following:

• Medical treatment – Your child may require treatment which is not available on the NHS, or you may opt for private medical treatment in order to speed up their recovery.
• Rehabilitation – It may be necessary for your child to be rehabilitated after the accident, for example if they have spent a long time in hospital.
• Household adaptations – Depending on the type and extent of your child’s injury, you may have to make adaptations to your home or vehicle in order to facilitate their independence.
• Home education – If your child has had to take a substantial amount of time away from school, your compensation award can help to cover the cost of private tutoring or home education resources.
• Loss of earnings – It is likely that one or both parents will have had to take time off work, or give up work altogether, in order to care for the child, so compensation can cover the loss of earnings already incurred or expected in the future.
• Additional expenses – This could include the cost of travelling to medical appointments, overnight accommodation if the appointments are not local, and any other expenses incurred as a direct result of your child’s injury.

As children grow and develop, certain injuries can worsen or lead to other conditions in the future, so this is also taken into account when the compensation amount is being decided upon. If you have any questions about claiming child injury compensation, our specialist team is waiting to hear from you.

Children are not able to represent themselves legally, so any compensation claim must instead be handled on their behalf by a litigation friend. This will usually be the child’s parent, but it can also be a legal guardian, other relative, or another person who is appointed as the litigation friend.

The litigation friend process allows the appointed adult to make decisions in the child’s best interests, and they will usually be required to sign legal documents, meet with solicitors, attend court hearings, and make decisions regarding the case.

In order to become a litigation friend you will need to complete a certificate of suitability, which is a form explaining why you are suitable for the role. A copy of this certificate should then be sent to the child’s parent or guardian where applicable. Finally, you will need to complete a certificate of service, and send both certificates to the court along with your claim.

The process can be a bit complicated, but we are here to walk you through it step by step, so please don’t worry, you’ll be in safe hands with Lanyon Bowdler.

Yes, as is the case with all personal injury claims, it will be necessary for your child to undergo a medical examination by a medical practitioner. Our personal injury team consists of highly trained solicitors, so you can be assured that our friendly and professional practitioners will carry out the assessment with dignity, ensuring the process is as stress-free as possible for you and your child.

Based on previous cases, it is very unlikely that your child will have to attend court during the claim proceedings. However, once an offer of compensation has been made and accepted, your child may have to attend an infant approval hearing with their solicitor and their litigation friend. This will typically take place privately in the Judge’s chamber, which is usually more like a large office than a courtroom.

In the unlikely event that your child needs to attend court, we will ensure that we guide and support you every step of the way. If you have any questions, we are more than happy to speak to you and put your mind at ease.

In the majority of personal injury claims, the time limit is three years. However, when a child is injured the normal time limit does not apply. You are eligible to use the litigation friend process to make a claim on your child’s behalf at any point up until their 18th birthday. Once the child turns 18, if no claim has previously been made on their behalf, they have until their 21st birthday to file a claim themselves.

The advice we usually give to our clients is to file the claim on behalf of your child as soon as you are able to. Over time, evidence can be lost, making it more difficult to make the claim, so we recommend beginning the proceedings whilst everything is fresh in your mind, and the minds of any witnesses. Besides which, the earlier you make the claim, the sooner you will have access to the necessary funds to aid your child on their journey to recovery.