Children's Injury Claims | No win No Fee | Personal Injury Claims
Personal injuries involving children
Children’s Injury Claims
While injuries are a normal part of childhood, if an injury occurs due to a lack of safety measures or because of somebody else’s fault, your child may be entitled to compensation. To us, seeing your child suffering because of somebody else’s negligence feels wrong.
If a third party’s fault caused your child’s injury, then you have every right to think about claiming compensation on behalf of your child. Compensation will be intended to also account for any impact the injuries might continue to have into the future. It can range from:
- Simple expenses to cover the number of things such as travel or prescriptions
- Make up for a loss in savings both now and the future
- In the most ultimate cases, the money which has to be spent on providing care for the rest of the person’s life
- You can contact an adviser for free or fill in one of the online claim forms to request a callback.
Claiming compensation for an injured child
If you have grounds for a child personal injury claim and decide to go ahead, the specialist solicitor we appoint for you will ask you questions about the accident. A person under the age of 18 cannot follow a compensation claim, so the law says that a parent, guardian, or another supervising adult must act on their behalf as a litigation friend. Most personal injury claims are held by an expert No Win No Fee solicitor.
Injury at school (Children’s Injury Claims )
The responsible for the injury of your child will depend on how and where your child got injured. Injury can be caused by defective or unsafe toys, at school or Creche of day-care, playground accident, birth injury, or in a public place.
If there is a children’s toys injury, then the supplier will be held responsible. You must hold on to the package and any instructions that came with the toy. Retain the receipt for the purchase of the toy.
If your child gets injured in school or Creche or day-care, then the owner or head of that place will be held responsible. It can be tough to decide whom to claim against if your child has been tangled in an accident at school and whom to write a letter of complaint to first if you choose to do this.
Under health and safety law, the “employer” has to ensure the safety of the environment within a school. Being responsible, they would be the party responsible for any compensation claim, and the Health and Safety Executive breaks down the educational system into the following groups:
- The local administration duty or community schools, special community schools, voluntary controlled schools, maintained nursery schools, pupil referral units.
- The governing body duty for foundation schools, special foundation schools, voluntary aided schools.
- The possessor duty for independent schools.
- The headteacher and governors duty for independent academies.
The Children Act 1989: it is a part of the law for finding out whether a third party has treated your child in an unsafe and careless manner, which results in hurting your child. The third-party in question could be:
- A teacher
- Nursery nurse
- Medical practitioner
- Anyone else considers having accepted a duty of care towards your child
- Children’s injuries in public space
- Slips trip or falls due to poorly maintained footpaths, walkways, staircases
- Falling on a wet floor
- Falling objects due to poor quality fixtures
In all cases speaking with a solicitor should be step number one following medical attention for the child. A combination of the constitution, including the Health and Safety at Work Act 1974 and the Occupiers Liability Act 1957, cover these circumstances.
What evidence do I need to show that my child was injured through carelessness?
- The date and time that the accident occurred.
- Details of where the accident occurred, with photographs of the site, will help your solicitor build a stronger claim.
- The contact details of the witness.
- Road accident claim, you will need the name and address of the driver responsible for the accident and the police report.
- If an animal injured your child, you would need details of the type of animal, the name and contact details of the animal’s owner, and whether or not the animal was under anybody’s control when the accident occurred.
- If an accident occurred at a school, playground, park, you would need the name and address of the person supervising your child at the time of the accident, as well as the details of the local authority responsible for that particular location.
Will my child have to go to court?
Your solicitor will work hard to finish the claim outside the court by negotiating with the party responsible for your child’s injuries. But if your case does go to court, still, according to the law, it is not necessary to bring a child until the court asks. In court, if you agree to settle the claim with the other party.
then the guardian or parent might have to attend an informal infant approval hearing with your child and lawyer. After this, the amount of compensation will be agreed appropriately to compensate the child for their injuries by the judge’s decision.
The court will take the compensation assigned to the child and kept in trust for the child until his 18th birthday. It ensures that compensation awarded to a child is used only for the child’s needs.