Child accidents

 

The last thing we want for our children is for them to be injured and suffer, but it is an unfortunate fact of life that child accidents do occur. The consequences of this can be traumatic and can have lifelong implications.

If your child is injured in an accident it is important to ensure that you receive the best advice so that your child has the best chances of recovery. Child accidents can impose large costs on you and your family, both directly and indirectly, and you may wish to consider claiming compensation.

We can help you do this.

Making a claim for compensation

You may be able to claim compensation on a child’s behalf if somebody else is, at least in part, responsible for the accident. It does not matter whether the accident occurred:

  • At school
  • In a childcare centre
  • In a public park or public areas
  • On the road

The law provides special rules and procedures to protect children who suffer personal injuries and bring claims for compensation. For example, the time limits are more generous when claiming compensation for child accidents.

A parent or guardian of a child can make a claim for compensation on their behalf as soon as the accident has happened, or up until the child reaches 18 years old. A parent or guardian making a claim for compensation on behalf of an injured minor is referred to as their 'litigation friend'.

Additionally, once an injured child reaches the age of 18 they have an additional three years in which to make a claim for compensation.

The courts also apply more lenient standards to child accident claims, recognising that children do not always see danger in a situation or action. Even if the child has contributed in some way to the accident they may not be held responsible in circumstances where an adult would be.

Additionally, rules surround any offers of compensation made where the other party concedes responsibility, and the investment of compensation payments. Therefore it is important to speak to a specialist who may be able to help you.

Using a solicitor

The help, support, and advice of a solicitor is vital in child accident cases. As the compensation laws are slightly different for children it is important that they are interpreted properly, and also related to your case to ensure you have the best chance of obtaining the compensation you are looking for.

Also, note that the court will have to approve any payments of compensation before they are made to you. The court will usually invest any compensation that is paid until the recipient of the compensation reaches the age of 18.

As the compensation rules for children are different than those for adults you must ensure you have fully qualified legal support throughout your case. Your solicitor can ensure that your case has the best chance of success. And often child accident cases are settled out of court, and your solicitor will act as your representative in all negotiations.

For more information on instructing legal representation, see our page on using an accident lawyer.

Has your child suffered an injury which you believe was generally not their fault? We can recommend a specialist personal injury lawyer to assist you in bringing a claim for compensation on their behalf. Please call us on 0800 1777 162 or complete the web-form above.

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