As a parent, the idea of your child being hurt in an accident is incredibly distressing. While no one wants to imagine such a situation, it’s important to know how to take the necessary steps if the worst should happen, including the process for starting a compensation claim on your child’s behalf.
Types Of Incidents Leading To Child Injury Claims
Child injury claims can arise from a variety of incidents. These might include injuries sustained in road traffic accidents, such as when your child is a passenger, pedestrian, or cyclist. They can also occur in playgrounds due to faulty or unsafe equipment or during school activities—whether inside the classroom or during extracurricular events. After-school activities, whether organized by a club or simply while playing in the street, may also be a cause for concern.
Immediate Steps Following An Injury
Once an injury has occurred, it’s essential to act quickly. Firstly, you need to report the incident to the appropriate authority—this could be the school, the local council, or the organizer of the activity. Secondly, ensure that your child receives medical attention as soon as possible.
Seeking prompt medical care is vital for your child’s well-being and will also be important for any future legal processes. Thirdly, it’s highly recommended to take photographs of both the scene of the accident and the injuries your child has sustained. These images will be helpful as evidence throughout the claims process.
In legal terms, a “Litigation Friend” is appointed to act on behalf of the child, as minors are not able to engage in legal proceedings themselves. Usually, this role is filled by a parent, though a close relative or trusted family friend can also take on this responsibility. However, it is important to note that the person acting as the Litigation Friend should not have been involved in the incident itself—for instance, a parent who was the driver in a car accident would not be eligible. The Litigation Friend’s role is to make decisions in the best interests of the child, including instructing solicitors, signing documents, and consenting to medical assessments on the child’s behalf.
What Can Be Claimed?
There are several aspects that can be compensated for in a child injury claim. Firstly, the child can receive compensation for the pain and suffering caused by the injury. This encompasses both the physical and emotional impact of the accident. Secondly, the Litigation Friend may also claim compensation for any financial losses or expenses incurred due to the accident. This might include travel expenses for medical appointments or lost earnings if a parent or guardian has had to take time off work. It’s essential to keep records and receipts of these expenses, as you will need to provide proof to support your claim.
Medical Evidence And Legal Proceedings
A thorough medical assessment is crucial in determining the extent of the injury. The child will need to be examined by a suitable medical expert, with the exact type of expert depending on the nature of the injury. Once the medical evidence is gathered, settlement negotiations can begin with the third party (often the insurance company of the person responsible for the accident).
Before agreeing to any settlement, it is advisable to seek legal advice, often from a barrister, who can help determine the value of the claim. Once a settlement has been negotiated, the final agreement must be approved by a judge.
This is typically done during an Infant Approval Hearing, which is an informal hearing where the judge reviews all medical evidence, financial losses, and the proposed settlement to ensure it is fair and in the child’s best interests.
What Happens To The Compensation If The Claim Is Successful?
If the claim is successful, the compensation awarded will be held in a trust until the child turns 18. This ensures that the funds are safeguarded and cannot be accessed by the child until they reach adulthood. Before the hearing, the Litigation Friend will be asked if an appropriate account, such as a Junior ISA, is in place to hold the compensation. If an account has not yet been set up, the judge may order that the compensation be paid to the court funds office, where it will remain until the child reaches 18. In some cases, a request can be made to withdraw funds early for medical treatment or other essential expenses.
Contact Enable Law
While pursuing a compensation claim for a child injury can seem overwhelming, understanding each step of the process is essential to ensuring the best possible outcome for your child. It’s advisable to work with a solicitor who specializes in personal injury and child claims to guide you through the process. This will give you peace of mind and ensure that you are taking the right steps for your child’s future.
If you would like to discuss a potential personal injury compensation claim for your child’s injury, Enable Law is here to help. Their team of expert solicitors is ready to provide you with the legal guidance you need. Get in touch today to arrange a consultation and find out how they can assist you.
Ben Austin is the founder and CEO of multi-award-winning digital marketing agency Absolute Digital Media. Ben loves to write and share exclusive insights into the world of digital marketing from his own eyes.
