Though all accidents can be difficult to deal with and present complex physical and emotional challenges, accidents involving a child can often be more traumatic and affect the whole family.
Claiming compensation for your child’s injuries can never take away the pain and suffering they have endured, but it can provide them and the family with stability and security for the future. Compensation awards can help cover any specialist care or treatment they may need moving forward, ultimately strengthening their chances of recovery.
Since minors are unable to claim until they turn 18, parents, carers or guardians can file on their behalf.
Our panel of personal injury solicitors at Major Trauma Group are highly experienced in dealing with child accident personal injury claims and offer their services on a no win, no fee basis, meaning you should not need to worry about any upfront costs that come with making a claim.
Types of accidents involving children
Children can be vulnerable to various types of accidents that have the potential to result in serious injuries. It’s essential for parents, caregivers, and educators to be aware of these risks and take appropriate precautions to prevent them. Some common types of accidents that can lead to serious injuries involving children include:
- Road traffic accidents: If a child is injured in a car accident caused by another driver’s negligence, the child’s parent or guardian may pursue a claim against the at-fault driver or their insurance company. If the accident is caused by one parent or guardian, the other parent or guardian may pursue a claim against them.
- Pedestrian accidents: Children are often pedestrians, and if they are struck by a vehicle while crossing the street or walking on a pavement, their parent or guardian may file a claim against the responsible party.
- Slip, trip and fall accidents: If a child slips, trips, or falls on someone else’s property due to unsafe conditions, the property owner may be liable for the child’s injuries.
- Playground accidents: Injuries sustained on playgrounds, schools, or at childcare settings due to faulty equipment, lack of supervision, or other negligence can lead to child accident claims due to the duty of care such establishments have for keeping children safe.
- Medical negligence: If a child suffered an injury due to negligent medical treatment, such as a surgical error or misdiagnosis, a medical negligence claim may be pursued on their behalf.
- Dog bites/animal attacks: If a child is bitten or attacked by a dog or any other type of animal, the owner of the animal may be held liable for the injuries.
If your child has been injured in an accident due to someone else’s negligence, it is crucial to consult with a qualified personal injury lawyer who specialises in personal injury cases involving children. A legal professional can help guide you through the claiming process and ensure the child’s rights and best interests are protected.
What types of injuries can you claim for?
In a child accident claim, the injuries for which you can seek compensation will depend on the specific circumstances of the accident and the severity of the child’s injuries. Common types of injuries that may be the basis for a child accident claim include:
- Head injuries: These can range from mild concussions to severe traumatic brain injuries (TBIs). Head injuries can have long-lasting effects on a child’s cognitive and physical abilities.
- Severe fractures: Multiple broken bones, such as arm, leg, or collarbone fractures, are common in childhood accidents, and they may require surgery, casting, or other forms of treatment.
- Burns: Children can suffer burns from hot liquids, flames, or hot surfaces. The severity of burns can vary from first-degree burns (superficial) to third-degree burns (full thickness).
- Internal Injuries: In some accidents, such as road traffic collisions, children may sustain internal injuries to organs like the spleen, liver, or kidneys, which can be life-threatening.
- Spinal Cord Injuries: Severe accidents, such as falls from heights or motor vehicle accidents, can result in spinal cord injuries that may cause paralysis or other lifelong disabilities.
- Eye Injuries: Trauma to the eye can result in serious injuries, including retinal damage, corneal abrasions, or vision impairment.
- Amputations: In severe accidents, children may suffer the loss of a limb or digit, which can have profound physical and psychological effects.
- Infections: Open wounds or injuries may lead to infections if not properly treated, which can exacerbate the child’s condition.
It’s crucial to seek immediate medical attention for any child who has been involved in an accident, as some injuries may not be immediately apparent. Documenting the injuries through medical records and photographs can be vital when pursuing a child accident claim.
What is the process of making a child accident claim?
The first priority after a child is injured in an accident is to seek prompt medical attention. Ensure that your child receives appropriate medical care and that all injuries are documented by healthcare professionals. These medical records will be crucial in substantiating the claim.
It is then advisable to consult with an experienced personal injury lawyer who specialises in child accident claims, such as our panel of legal professionals at Major Trauma Group. We can assess the circumstances of the accident, provide guidance on the legal process, and help you understand your rights and options.
Our personal injury lawyers will work with you to gather evidence related to the accident and the child’s injuries. This may include accident reports, witness statements, photographs of the accident scene, medical records, and any other relevant documentation. Medical evidence will also be obtained in the form of a medicolegal report which will confirm the child’s injuries, how long the injuries are expected to last and any ongoing impact they may have on the child’s life.
Our solicitors will then identify and notify the responsible party, informing them of your intent to make a claim against them.
We will negotiate with the responsible party’s insurance company to reach a fair settlement. This process may involve multiple rounds of negotiation and may address various aspects of the claim.
Throughout this process, our personal injury lawyers will advocate for the child’s best interests and work to maximise the compensation available to cover the child’s pain and suffering, and other damages resulting from the accident. Please get in touch with our team at Major Trauma Group today to find out more.
How much compensation could your child be entitled to?
The amount of compensation for a child accident claim can vary widely based on several factors, including the severity of the child’s injuries and the circumstances of the accident. Generally, the more severe an injury, the higher the amount of compensation awarded.
Compensation is awarded under two categories: general damages and special damages.
General damages refer to the direct pain and suffering the victim has suffered as a result of the accident and subsequent injuries, including any loss in their quality of life.
Special damages are calculated from any additional expenses the victim will incur, such as transportation costs to and from medical appointments, specialist private medical care or rehabilitation therapies, loss of future earning capacity if the child’s injuries are so severe that it will prevent them from leading a normal working life, and any home or vehicle adaptations needed to live more comfortably.
At Major Trauma Group, we are passionate about early access to rehabilitation to encourage a higher chance of recovery from serious injuries; as such, we negotiate for our clients to receive interim payments before their claim is finalised in order for them to have access to treatment as soon as possible.
In such cases involving children, our lawyers can also negotiate for interim payments to help cover the costs of caring for your injured child if you have to take time off work.
When does the child have access to the funds?
Any money awarded in a child injury compensation claim will be protected by the court in an account the child can access once they turn 18 years of age.
However, the court understands and appreciates that parents and guardians may need access to the funds to cover additional expenses related to caring for their injured child long before they turn 18. As such, earlier payments can be facilitated by request for reasons relating only to the child’s care.
It is also important to note that though the child can access the funds when they turn 18, it is only accessible if they maintain the mental capacity to manage and understand their finances.
If the child lacks such ability, such as due to a long-lasting brain injury, the court of protection will appoint a financial deputy to manage the money on the child’s behalf.
Time limits for claiming compensation
Generally, victims have three years from their accident to claim personal injury compensation.
However, when a child is injured in an accident that wasn’t their fault, the three year rule does not start until the child turns 18, meaning they have up until their 21st birthday to make a claim for personal injury compensation.
Parents or guardians can make a claim on the child’s behalf at any point up until the child turns 18.
Why choose Major Trauma Group?
Our member firms at Major Trauma Group consist of highly reputable law firms across the UK, all of whom are experts in the area of personal injury claims. We are dedicated to securing the best financial outcomes for our clients alongside expert rehabilitation treatments.
Our legal professionals understand the toll serious injuries can have on our clients, and we work hard to take some of the stress away at what will already be a difficult and emotionally taxing time.
We offer our services on a no win no fee basis, meaning you do not need to worry about the costs associated with making a claim.
If you would like to speak to a member of our team to find out how we can assist you regarding child accident claims, please do not hesitate to get in touch with us today. You can contact us on 0330 311 2578 or email us at hello@majortraumagroup.co.uk. Alternatively, we have a live chat feature on our website, which you can utilise to request a call back.
