Accidents Involving Children

What types of Accidents involving Children can be claimed for?

Accidents involving children are always distressing – and often happen when parents least expect it.

Most swimming pool accidents involving children on holiday occur within the first 24 hours of a holiday, researchers have found – when parents are tired and stressed from preparing for the holiday and are beginning to relax.

Compensation claims can be made if a child is injured as a result of someone else’s negligence or recklessness.

Accidents involving children which may be eligible for compensation include:

• Faulty goods accidents if children’s toys or equipment like car safety seats were faulty and caused injury
• Medical negligence if a child suffers injuries such as cerebral palsy or other brain injury as a result of negligent care or birth injuries – or during medical treatment or surgery, including dental care
• Playground and school/nursery accidents if supervision was negligent or equipment failed
• Road traffic accidents (RTAs) involving children as passengers or pedestrians if another road user was negligent, or a road was poorly maintained and contributed to the accident
• Slips and falls if a child was injured after slipping on a wet floor, tripping over a loose paving stone,
• Falls from height if a child fell from height in a playground where slides and other equipment were without guard rails
• Sports accidents if tuition or training was inadequate or equipment failed or was poorly maintained
• Swimming pool/watersports accidents if a child was injured because of defective diving boards or watersports equipment, broken pool steps, slippery walkways, or training or lifeguard provision was inadequate – or pool water was contaminated and caused infections like Cryptosporidium.

How long do I have to claim for Accidents involving Children?

Claims for accidents involving children fall under the area of law known as personal injury.

Personal injury claimants usually have three years from the date of the injury to make a claim for compensation.

Claims can sometimes be made outside the three-year limitation period, however – and in the case of children, claims can be made up to three years from the age of 18.

Because of the limitation period for personal injury claims, it is important to seek legal advice from Duncan Lewis personal injury solicitors as soon as possible if your child has been injured in an accident.

How much compensation can I claim for Accidents involving Children?

Compensation for Accidents involving Children includes:

• General Damages for pain, suffering and loss of amenity The exact amount will be assessed according to the extent of injury, estimated recovery time and rehabilitation needed – and whether further medical treatment or even lifelong care is needed.
• Special Damages to cover medical fees and out-of-pocket expenses Expenses might include physiotherapy, travel expenses to hospital or damage to personal items. In more serious cases, ongoing care or adaptations to your home would be included.

Who pays any compensation awarded for Accidents involving Children?

In the case of injuries to children resulting from criminal injuries, claims can be made under the Criminal Injuries Compensation Scheme.

Other claims for accidents involving children can be made through the civil courts – and in the case of road traffic accidents, claims over £1,000 and under £10,000 are fast-tracked through the RTA Claims Portal.

Usually the insurer of the person or organisation liable for the injury to a child would pay – whether it is a Local Authority, tour operator, motorist, or hospital trust, doctor or dentist.

Will I have to go to court to claim compensation?

Your Duncan Lewis personal injury solicitor will keep you fully informed at all stages of the case.

Many claims for accidents involving children are settled out-of-court – Duncan Lewis personal injury lawyers negotiate hard to get the best settlement for you.

But if a court hearing is necessary, Duncan Lewis instructs leading barristers who specialise in children’s accident and personal injury cases, to make sure you have the best legal representation possible.

Compensation awards for minors have to be approved at a special hearing at the local County Court, known as an Infant Settlement Hearing.

The parent or guardian of a child who brings a compensation claim on their behalf is known as the child’s “Litigation Friend”.

Both the child and their Litigation Friend have to attend the Infant Settlement Hearing and your Duncan Lewis personal injury solicitor can explain more about this.

Why Duncan Lewis is the best claims solicitor for Accidents involving Children

• Duncan Lewis personal injury solicitors understand just how traumatic and upsetting accidents involving children are – we believe in putting your child and your family first to obtain the best results for you
• Duncan Lewis is one of the leading firms of Personal Injury and Legal Aid solicitors in the UK
• Our initial advice on making a claim for accidents involving children is free
• Duncan Lewis accepts claims for accidents involving children on a no win no fee basis, so you will not have to worry about legal fees
• We will visit you at home if you are caring for a child who is recovering from injuries sustained in an accident – and can arrange expert medical opinions to help back up your claim
• Duncan Lewis personal injury solicitors will make sure you understand every stage of your claim for an accident involving a child
• We will handle negotiations for you, so you do not have to worry about making a compensation claim for your child.

Duncan Lewis personal injury solicitors have a successful track record in claims for accidents involving children.

Contact Duncan Lewis for free advice on making a compensation claim for accidents involving children by calling 020 7923 4020.