Personal injury advice from
Thompsons Solicitors
Child Injury Compensation Claims
If your child has suffered a personal injury as the result of an accident caused by the negligence of someone else, you will need the best possible legal advice at what can be a very distressing time.
At The Legal Line, our expert personal injury lawyers have a wealth of experience in recovering compensation for injured children. Contact us on 0800 0328511, or by completing a claim enquiry form online to find out if we can help you.
Children’s Accidents
Can I Claim Now if I Was Injured as a Child?
Making a Compensation Claim on Behalf of a Child
Time Limits for Children’s Compensation Claims
Child Injury Compensation
Specialist Lawyers for Accidents Involving Children
Our Previous Compensation Claims for Children
Children’s Accidents
Accidents involving children or babies (known in law as minors) can occur under a wide range of circumstances. Some of the more common causes of accidents involving children are detailed below. The examples mentioned are of course not the only ways in which a child’s injury can happen. If your child has been injured and you would like to know if a compensation claim may be possible, please contact us and we will be happy to advise you.
Road Accidents
As passengers in vehicles, children are subject to similar risks as adults. Road accidents can result from errors on the part of the person driving the vehicle they are travelling in, the driver of another vehicle, or another road user. When travelling in a car, children should always be protected by the relevant safety restraint for their size / age. For children up to the age of 14, this is the responsibility of the driver (see our passenger safety information for further details).
Child pedestrians and cyclists can be more vulnerable to road accidents than adults, because they often do not have the judgement and awareness that an adult may have. Motorists have a responsibility to be vigilant when there are children using the road and drive cautiously, taking into account that they may act on impulse.
Accidents at School / Nursery
The majority of children will, at some stage, suffer an accident at school or be injured whilst at nursery.
Many of these accidents will be simply that, an accident that is no-one’s fault and could not have been prevented. If this is the case, a personal injury claim will not be possible. A claim can only be made if the accident was caused by negligence, for example if the school provided unsafe facilities or a member of staff allowed a child to continue doing something dangerous when they could have stopped them.
Accidents at Home
Children’s injuries can unfortunately also occur as the result of accidents in the home. Examples of when a claim may be possible include: electric shock injuries and carbon monoxide poisoning from faulty appliances or injuries caused by dangerous accommodation provided by a landlord or housing authority. Sub-standard work carried out by contractors may also create hazards that can cause children’s accidents at home.
Faulty Products
Examples of some defective products that may lead to children’s injuries include: toys, pushchairs, high chairs, clothing and food.
Unfinished or sharp edges can cause lacerations, small, loose parts may lead to choking and the use of hazardous substances in paints and dyes can cause poisoning.
Accidents at Parks/Playgrounds/Public Places
It is not unusual for children to suffer injuries purely through normal physical play whilst at parks and playgrounds. This is a simple part of growing up and being active and is generally not cause for a personal injury claim.
There will be occasions however when a child’s accident could have been avoided and has been caused by negligence, for example if their accident occurred because of unsafe playground equipment. If this is the case, a claim may be possible against the local authority or whoever is responsible for the facilities.
Other accidents in public places, such as falls on defective pavements, accidents in shops and supermarkets and amusement park accidents, can also cause children’s injuries.
Holiday Accidents
Unfortunately, children occasionally suffer accidents on holiday, both in the UK and abroad. This type of accident can occur during travel, whilst at a hotel, on an excursion or out in a resort. Particular care should be taken when children are around water (i.e. swimming pools, water parks, beaches), on balconies, or using glass doors, as these are common causes of children’s accidents.
If a lack of safety measures results in a child’s injury a claim may be possible against whoever is responsible. This may be a UK company, if the incident occurred in the UK or whilst on a package holiday arranged by a UK tour operator, or it could be a foreign company.
With holiday accidents, it is important to obtain the advice of a lawyer who is experienced in this specialised area of personal injury, as different laws and time limits may apply in other countries, or for accidents occurring on aircraft or ships. At The Legal Line, we have a dedicated team dealing with holiday accidents.
Can I Claim Now if I Was Injured as a Child?
If you were injured as a child, and your parent/s or guardian/s have not already made a claim on your behalf, you may be in a position to pursue a compensation claim yourself when you reach the age of 18.
It is important to bear in mind that there are time limits involved. Any claim must be made before you reach the age of 21. It is therefore always advisable to seek the advice of a specialist personal injury lawyer at the earliest opportunity.
Making a Compensation Claim on Behalf of a Child
If you are responsible for a child who has been injured, and you believe someone else was to blame, you should seek advice from an experienced personal injury solicitor as soon as possible.
In order to make a personal injury compensation claim, it is necessary to prove that whoever you are claiming against was in some way responsible for the injury sustained. It could be that their actions caused the injury, they owed the child a duty of care and breached that duty (were negligent) or they failed to act when they should have taken reasonable steps to prevent the child from coming to harm.
Your lawyer will be able to collate all of the evidence relevant to your claim, in order to establish who is to blame and advise on how to achieve the best possible outcome. They will handle the case on your behalf, keeping you updated at regular intervals.
Time Limits for Children’s Compensation Claims
For most people, the time limit for making a personal injury claim is 3 years from the date of the accident. Minors are not able to take legal action themselves however, so a different rule applies. The limitation period begins to run from their 18th birthday instead, giving them until they are 21 to bring their injury claim.
There may be exceptions to this, for example if someone has suffered a brain injury through an accident or birth injury and is unable to conduct their own affairs. If you have any queries about whether a claim may still be possible, contact us on 0800 0328511 to speak with one of our advisers.
Where possible, it is always a good idea to look into making a claim sooner rather than later. Clear information about what happened is vital in pursuing your case and witness information, accident reports etc. may be more difficult to trace when a lot of time has elapsed.
Child Injury Compensation
There are two elements to a compensation award. The first, called general damages, is for the pain and suffering the injured child has gone through and any loss of amenity (an inability to do things they could do before, such as play sports or attend school). The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.
The second element of a compensation award, for financial losses and expenses, is known as special damages and aims to put you back in a position financially as if the accident had never occurred. In the case of a minor it is unlikely that they will incur any loss of earnings or direct financial costs, however parents may need to take time off work to care for an injured child or pay out for the costs of medical treatment. It is important to keep receipts for any expenditure you have related to the accident so that these can be reclaimed.
In serious injury cases, costs for care, equipment, transport and housing modifications can also be factored into the calculations.
If a child is fatally injured, their parent/s may be able to claim a statutory sum for their bereavement and funeral expenses.
Specialist Lawyers for Accidents Involving Children
Our expert lawyers work from a network of offices throughout the UK, providing legal services to the victims of accidents and their families.
We are specialists in all areas of personal injury, with extensive experience in accident claims for children, so we can provide you with the best possible legal advice.
Contact us on 0800 0328511, or by completing a claim enquiry form online.
Our Previous Compensation Claims for Children
Follow the links below, or visit our personal injury news and client stories sections, for details of some previous cases we have dealt with involving children’s injuries:
Successful Claim for Child’s Injury at Nursery
Child Injured at Playground Awarded Compensation
£105,000 Personal Injury Compensation for Child Injured on Farm
Successful Personal Injury Claim for Child Injured at Nursery
Substantial Settlement in Cerebral Palsy Case
Pupil Suffers Personal Injury in Accident at School
Child
Seriously Injured in Road Accident Receives Compensation
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