Children's Accident Claims
Any child who suffers injury in an accident and makes a claim for compensation receives special care from the legal system. Understandably, the courts wish to be assured that children are treated fairly and receive a fair and adequate amount of compensation for their injuries.
As with any personal injury claim, there is a requirement to show that the accident was not the child’s fault and that a third party is to blame. However, the courts do take into account the age of a child when considering whether there is liability for the accident causing the injuries.
TYPES OF CHILDREN’S ACCIDENTS
Children’s accidents occur in a variety of circumstances. These can include accidents in children’s playgrounds due to defective equipment, injuries caused by defective toys, accidents in schools or clubs and accidents on private premises such as shops or even poorly protected building sites.
However, the most common type of children’s injury claim (particularly here in Devon) arises from car accidents. If a child is injured whilst travelling as a passenger in a car then the chances are he or she will be entitled to pursue a claim for compensation for any injuries suffered. This is the case even if it was one of the parents who caused the accident. In fact, claims by children against their parents in road traffic accident cases are very common, with the parent’s insurers dealing with the matter and paying the compensation.
The normal three year limitation period in personal injury claims does not apply to children’s accident claims. The limitation date does not start to run until the child’s 18th birthday. Nevertheless, claims should be made as soon as possible whilst the evidence is still fresh and the facts of the accident are still clear in everyone’s mind.
SETTLEMENT OF A CHILD’S PERSONAL INJURY CLAIM
Once a settlement of the child’s accident claim has been negotiated the court’s approval is required. This is a straightforward exercise which our experienced personal injury lawyers can deal with. Our solicitors regularly attend infant settlement approval hearings in all the Devon & Somerset courts.
LOCAL DEVON & SOMERSET SOLICITORS CAN MAKE THE DIFFERENCE
As with our regular personal injury service, we deal with children’s claims on a No Win - No Fee basis. We guarantee that the child will get the best possible representation from our team of experienced local solicitors.
Contact us now for a free case assessment.