Being involved in an accident and suffering an injury is a traumatic experience for even the strongest of people. However, when the accident involves your child, it can be especially difficult to cope with, particularly if the accident occurred due to someone else’s negligence.
Here at Lanyon Bowdler, we understand how harrowing it can be to see your child in pain and distress. We know that no amount of money can make up for what happened to your child, but we will strive to achieve the best possible compensation award for you and your family. This will hopefully help you move forwards on your journey towards recovery from the accident without any additional financial worries.
When you feel ready to do so, please get in touch with us and our team will be happy to offer free and impartial advice on your right to claim compensation on behalf of your child.
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:
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:
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:
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.
When you are ready to begin the process of making a claim on your child’s behalf, the first step is to get in touch with us. A member of our personal injury team will talk to you about the accident and the injury that your child sustained, noting down as much information as possible. After this initial consultation, we will be in a better position to advise you on your eligibility to claim.
We will need to gather the relevant information to support your case, for example photos of the injury and the scene of the accident, medical reports, CCTV footage, and witness statements. We will also speak to the person or organisation responsible for the accident to find out whether they accept or deny their responsibility in what happened.
Our aim is always to try and negotiate your claim out of court in order to keep the process as short as possible, ensuring the money reaches you sooner. However, it is sometimes necessary to take the claim to court, for example when the negligent party denies culpability or disagrees with the amount of compensation requested of them.
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.
At Lanyon Bowdler, we understand the devastating impact that a catastrophic accident can have on a family, affecting your physical and mental wellbeing, as well as having a huge financial impact. This is why we are pleased to be able to offer our personal injury compensation services on a no win no fee basis. If your claim is unsuccessful, you won’t be required to pay anything.
If your claim is successful, we are able to recoup our fees from the final compensation amount before it is awarded to you, with no need to make any payments up-front.
At Lanyon Bowdler we take a holistic view of our client’s needs in cases of child personal injury, ensuring that we offer you a tailored approach to aid you on the road to recovery whilst we fight hard to ensure you are awarded the compensation you deserve. We are experts in the field of serious and catastrophic injuries, and we are proud to be signatories of the serious injuries guide and adopt the rehabilitative code.
In addition to this, Lanyon Bowdler is an Accredited Personal Injury Practice, approved by the Association of Personal Injury Lawyers (APIL). We are also affiliated with Headway - the brain injury association. Our specialist solicitors are highly trained and experienced, as well as being friendly, approachable, and empathetic to your needs. We pride ourselves on going above and beyond to ensure your compensation claim is handled with the utmost professionalism and dignity.
Lanyon Bowdler has offices in Shrewsbury, Bromyard, Hereford, Ludlow, Oswestry, Telford, and Conwy in North Wales.
We are one of the most recognised firms of solicitors in Herefordshire, Shropshire, Mid and North Wales, Birmingham and the Midlands, synonymous with excellence. We are able to offer a wide range of pricing options including fixed fees and service level guarantees.
As a leading national law firm, we regularly act for clients on child accident claims across the country. We can represent you wherever you live in England, Wales or Northern Ireland.