Major changes to the Highway Code are to be introduced on 29th January 2022. All road users should be familiar with the existing Highway Code but it is worrying to hear that an AA survey carried out last month found that only a third of motorists were...
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Child accident & personal injury compensation claims
If your child has been involved in an accident caused by someone else’s negligence our specialist solicitors are here to help. Our team has vast experience in all aspects of personal injury claims involving children. We can offer a no win no fee agreement which means that there are no up-front costs, and you don’t have to worry about the cost of the claim if it is lost.
Our claims solicitors recognise that what can often appear to be a minor injury at the outset, may in fact leave a lifelong impact, both in terms of physical and psychological symptoms. We understand the importance of looking forward and ensuring that all aspects of the child’s life are considered to make sure that they are properly compensated.
Dealing with child cases requires that extra degree of expertise and sensitivity, which we at Stephensons are able to deliver. We are able to deal with all types of claims involving children. Contact our legal team on 01616 966 229 and you could secure the compensation that your child and your family deserves.
Accidents involving children
Children can be involved in accidents in a number of ways, here are just some examples of the kind of case our specialist team has experience of handling:
Accidents at school, nursery, and holiday and after school clubs
When your child is in the care of a school, nursery, holiday or after school club their safety is always paramount, however if your child does suffer an injury it is important to consider whether this was due to negligence. The school, nursery or club have a duty of care to your child, and unfortunately standards can sometimes fall short. For example this could be due to a lack of supervision, lack of a risk assessment (or failure to implement it), to name just a few.
If your child has been injured at school, nursery or a at a holiday or after school club then they may be entitled to bring a claim for compensation.
Public liability claims against a business or local authority
We are instructed in a wide range of cases involving claims against public bodies or businesses. These claims can include trips, slips, falls, and many other kinds of incidents in a public place.
We previously acted for a young child who developed severe stomach pains and sickness and diarrhoea following a visit to Huntley Gate Farm with her family. On investigation by Environmental Health, it became apparent that there had been a number of Ecoli claims after visiting the farm on that day. Liability was initially denied however Stephensons successful secured an award of £3,000 for personal injuries and expenses arising out of the incident.
We acted for a 6 year old boy who was seriously injured when playing at a friend’s house. He was running and moving away from his friend’s mother and ran straight through some glazing which was unmarked. Our client sustained multiple cuts to his face, ears and hands, including a significant laceration from his eye to below his chin, which resulted in permanent scarring. We worked on the claim for several years due to the serious and permanent nature of the injuries, achieving a settlement of £58,500 for our client. The monies have now been invested with the Court Funds Office and will be released when he turns 18 years of age.
Child neglect & abuse cases
We have a specialist team dealing with sensitive cases of abuse; this can include abuse inflicted by a parent or guardian, whilst in the care of social services, a school, church, to name a few. Visit our neglect and abuse injury claims page for more information.
Claims involving serious injuries such as brain damage, head injuries, spinal injuries, and accidents that have led to the loss of a limb or serious psychiatric injury require the utmost care and skill. Here at Stephensons we have Solicitors dedicated to these types of claims.
In these types of cases compensation might need to cover ongoing treatment or care and pay for medical expenses for many years.
No parent should have to deal with the traumatic experience of losing a child. It is an unimaginable situation and understandably the thought of claiming compensation is often the last thing on the minds of those left behind. However, should the question of claiming compensation following a fatal accident become an issue, our specialist solicitors can assist both in terms of representation at an inquest and looking at a possible claim for compensation.
Dog bite claims
If your child has been injured as a result of a dog bite or attack then they may be entitled to claim compensation.
Road traffic accident claims
Road accidents can involve children when they are travelling as passengers in a vehicle, crossing a road as a pedestrian, or playing in the street.
If your child sustained injuries when travelling as passenger then, regardless of whether there is a liability dispute over the circumstances of the accident, they will be entitled to make a claim for compensation as they are an innocent party. This can sometimes mean making a claim against a family member, which some people can find an uncomfortable prospect. However it is important to remember that car insurance is in place to be used when an accident happens, and your child is entitled to be compensated for their injuries.
Child accident claims FAQs
How does my child make a claim?
Any claims for children under the age of 18 (referred to as minors) must be brought by what is called a 'litigation friend'. This is someone (usually a parent or guardian) who will be the point of contact throughout the claim and will make decisions on behalf of the child.
There are some important differences to consider when a claim is being brought on behalf of a child. The time in which a person can bring a personal injury claim (the limitation period) for an accident that occurred in England or Wales is usually 3 years, however this is different for children. Instead the period runs from the date of the child’s 18th birthday, meaning they have until their 21st birthday to bring their claim. However, it is always best to begin the process at the earliest opportunity to ensure any evidence that would support the claim can be preserved and relied upon.
What happens after the claim is settled?
Children are protected parties which means that any settlement agreed between the claimant and defendant is subject to court approval. This can sound daunting but is actually a straight forward and quite informal process. The litigation friend will be asked to attend court with their child, and to take along the child’s birth certificate. The judge will want to confirm that your child has fully recovered from all accident related injuries in accordance with the medical evidence being relied upon. Once the judge is satisfied they will make an order approving the agreed settlement.
Investment of funds
As with any injury claim, the compensation award is for the benefit of the person entitled to make the claim, the claimant. When this is a child, the compensation awarded is held and invested until the child’s 18th birthday. There are a number of ways in which the money can be invested, such as in the court funds office, a child trust fund or an individual savings account (ISA). If you have a preference as to how the money is invested then your legal representative can make submissions to the court so that this can be considered by a judge at the final hearing.
Can money be released sooner?
The judge may consider releasing compensation from the settlement prior to the child’s 18th birthday, however this would only be for very specific purposes, such as to fund recommended treatment, or for education needs.
What happens when my child reaches 18 years of age?
It is important to remember that once your child turns 18 years of age any compensation being held in the court funds office will be released by cheque. You must keep the court up to date with your child’s current address to make sure that the money reaches them. Full details will be provided in the court order at settlement of the claim.
As one of the largest law firms in the UK, Stephensons boasts a team of experienced solicitors who specialise in accidents involving children. This means we are not only well versed in all relevant legislation, but are also skilled in dealing with families and the sensitivity of these cases.
Children's accident claims - our experience
Our team of friendly and understanding legal advisors can tell you if your family has grounds for a claim. If so, our hard working solicitors will not rest until you have earned the compensation you deserve.
Accidents involving children can be emotionally charged and stressful but our expert solicitors do everything they can to alleviate this stress by carrying out all of the necessary legal proceedings on the client’s behalf.
Talk to Stephensons today on 01616 966 229 and you could secure the compensation that your child and your family deserves.
Children involved in road collisions
Here at Stephensons we often act for children that have been involved in road traffic accidents whether it be as a passenger, a cyclist, or when crossing the road. This is a subject our team feel strongly about which is why we support the road safety charity Brake and take part in the ‘Road Safety week’ each year.
It is our business to deliver legal services that work for our clients, and you can trust our specialists to take care of things on your behalf.
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