Claiming compensation when a child has been injured in an accident
Children have accidents, it’s a fact. But many accidents are preventable with increased awareness and safety. Serious injuries and death are preventable.
Many accidents happen at home. But, some happen while in public places because of a lack of safety and precautions.
WHERE DO ACCIDENTS HAPPEN?
Aside from in the home, some of the places children tend to have accidents are:
- In a public place such as a shopping centre; playpark; or trampoline park
- In an educational setting – nursery, school, or college
- In a road accident
- As a result of clinical negligence
COMMON ACCIDENTS TO CHILDREN (source: RoSPA)
According to the Royal Society for the Prevention of Accidents (RoSPA) “Accidents to children are a significant health issue, being a major cause of preventable death, serious injury and long-term disability across the UK.
“Under-5s are particularly at risk of being injured in home accidents, with falls accounting for the majority of non-fatal accidents and threats to breathing such as suffocation, strangulation and choking causing the highest number of deaths.”
Falls –Around 10 children die because of falls each year. Some from windows and balconies and the rest mainly from stairs.
Fires – Children playing with fire or matches are the cause of some house fires.
Scalds/Burns – Burns from hot drinks are the main cause of burns to those under five.
Glass-related accidents.
Poisoning – More than 28,000 children receive treatment for poisoning, or suspected poisoning every year.
Choking – Small children and babies can choke on small items as they tend to put things in their mouths.
Blind cords – A few children die every year from strangulation involving blind cords.
Drowning – Children can drown in less than 3cm of water. They should be under constant supervision when in or near any water.
CAN YOU CLAIM COMPENSATION?
If under 18, usually the child has until their 21st birthday to issue a claim in court.
SETTLEMENT APPROVAL
In the case of children, also referred to as minors or infants, there are different procedures.
We have an infant settlement approval hearing this week. With a compensation claim for a minor, a judge will need to approve any settlement.
The solicitor will instruct Counsel to advise on what the claim is worth based on the evidence and medical reports. An application is then made to the court for an infant approval hearing before a judge.
The Litigation Friend (usually a parent dealing with the case on behalf of the child) and the child attend. Represented by their solicitor or Counsel.
If satisfied with the proposed settlement the judge will approve it. The funds are held in the court funds office until the child turns 18.
NV LEGAL
NV Legal has a specialist team of solicitors. Experienced in successful outcomes for accidents involving children. Who have had an accident or illness which was not their fault.
If you or someone you know has questions about these issues, contact us for free legal advice.
Consultations are FREE of charge. Advice is from qualified solicitors, regulated by the Solicitors Regulation Authority.
Call – 03308 281 586
Email – info@nvlegal.co.uk
Website – www.nvlegal.co.uk
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