Childrens Accidents

Each year thousands of children are treated in A & E departments throughout the country following an accident. Most children’s accidents are the result of their own boisterous behaviour, curiosity or recklessness but there are occasions when someone else can be held accountable.

Because the law recognises that children are vulnerable it places the responsibility for their safety and care upon adults. If your child has been injured and someone else was responsible then you should consider making a claim on their behalf. Even if you are uncertain if there is, in fact, a case to claim it is worth taking advice from a specialist solicitor.

Macks Solicitors is a well established law firm with many years experience in handling all personal injury claims including the following children’s accident claims:-

• Road Traffic accidents
• Bicycle accidents
• Accidents at School
• Playground accidents
• Slipping and tripping accidents
• Accidents on supervised outings
• Product Liability
• Accidents in public places
  • e.g. playgrounds, swimming baths
• Catastrophic Injury
  • e.g. Brain & Spinal Injury, Loss of Limb

Macks Solicitors experienced and sympathetic lawyers can give you the advice and guidance you need, free and without obligation. Following an initial, informal conversation, the solicitor you talk to will be able to advise you if there is a case to claim compensation for your child’s accident. If there is and you would like us to pursue the claim on your child’s behalf we will be happy to do so.

What is involved with a child accident claim?

Child accident claims differ from those involving adults in the following ways:

Limitation Period

The three year time limit for making a claim does not start until the child reaches its 18th birthday. This means that a child claimant has until their 21st birthday to make a claim. If proceedings are not issued before this time the claim will most likely be statute barred. Although a child may have more time in which to make a claim, it is always advisable to do so as soon as possible after the accident so that the relevant information and evidence can be collected straight away.

Blame

The Court applies different standards to children’s accident claims recognising that children do not always see danger in a situation or action. Even if the child has contributed in some way to the accident they may not be held responsible for the outcome.

Litigation Friend

The law considers a child unable to pursue a claim themselves as they do not have the necessary capability. A litigation friend is therefore appointed to pursue the child’s accident claim on their behalf. This is usually a parent or guardian who must first be approved by the court. This is a fairly simple procedure and ensures that the appointed litigation friend will act in the child’s best interests.

Settlement of the claim

In the case of a child’s accident claim it is the litigation friend who will instruct the solicitor to accept, or decline, any offer of settlement made by the defendant. The solicitor will, of course, give advice on whether the offer reflects the true value of the claim.

It is the duty of the Courts to ensure that any compensation is adequate for the injuries that have been suffered by the child and a Judge will need to approve any offer of settlement. This takes place during a short informal hearing at a local court and is nothing to worry about. It is usually held in a small room and the parties sit informally around a table.

Investment of Compensation

Once the judge has approved the compensation he will explain that the money will be invested by the court, where it will accrue interest, until the child reaches 18 years. At 18, when the claimant is considered mature and responsible enough to make their own decision on what to do with the money, it will be released by the court along with the interest it has earned.

All of these measures are in place to protect the child and their interests. It is important therefore, that the child and litigation friend have the benefit of expert legal advice from an experienced child accident solicitor. This is particularly so in cases where the child has suffered catastrophic injury such as spinal injury, brain damage or the loss of a limb.

Francis O’Connor, Head of Personal Injury at Macks Solicitors, has a great deal of experience acting for clients with high value claims and has recovered several million pounds in compensation for accident victims including children and young adults, whose injuries have had life changing consequences.

By asking Macks Solicitors to act for your child you will ensure that they receive the maximum award available, have access to medical treatment and rehabilitation and, if necessary, interim payments to relieve any hardship caused by the accident.