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How Much Compensation For A Child Injury Claim?

People or even children of all ages can suffer a personal injury, there is often not very much information regarding the latter and many people are not aware just how many different scenarios that can allow minors to be able to claim compensation for a child injury.

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A Guide to How To Make A Child Injury Claim.

Child Injury Claims

Child Injury Claims

According to government published statistics instances where children are injured through no fault of their own are very often not reported. When we think of personal injury regarding a minor we very often relate it to road traffic accidents, however data collected suggests a large number of injuries sustained by minors happen while at school.

The HSE have published data illustrating there are 35,000 accidents while children are within school hours on school premises, the majority involving slip, trip and falls. It’s quite fascinating that we never consider children’s accidents to be connected with personal injury when so many adult incidents of injury are.

It is very often thought of as an accident if a child injures themselves, whether it is at school, in public places, even playing outside their own home but very often this is not the case. If a child has injured themselves due to the negligence of others then just as adults can, children can also claim personal injury compensation or child injury compensation. Just because people expect children to fall and injure themselves does not always mean that these incidents are mere accidents.

We offer free legal, confidential advice as many people are not aware whether they have a compensation claim or not. This is even more so true for minors who are injured. By contacting us today we can say straight away whether your child has the right to make a claim for child injury compensation.

In reality children who injure themselves through no fault of their own are losing out on compensation that is owed to them. This is why children have such a lengthier time in order to make a claim for personal injury compensation. Usually adults have three years from when the incident occurred or when they gained knowledge of the injury in order to be able to make a claim, however minors have until they are 21, three years after they turn 18 in order to make their own personal injury claim.

Parents or a litigation friend (that is a person who acts on behalf of the minor when pursuing a child injury claim as they are too young to do it for themselves) can pursue a child injury claim before the child turns 18.

Compensation awarded to a minor can vary depending largely on the injury and the prognosis. Children can injure themselves in many different situations, however if the injury could have been prevented if the correct measures were taken or if it was due to the negligence of another person then a child injury claim for compensation can be pursued.

Who can File a Claim for the Child Injury?

In order to make an injury claim for a minor, a person over the age of 18 has to, preferably be either a parent or a person who has responsibility for the child. The person who takes responsibility of the child injury claim is usually known as the ‘litigation friend’. It is the UK law that states that no minor is able to make their own personal injury claim, a person over the age of 18 must act on their behalf as a child does not have the complete ‘legal capacity’ to be able to understand what is involved in the claim process and the law itself.

If a child is injured through no fault of their own, maybe in a road traffic accident, at school, in a public place and no child injury claim is made while the child is a minor then they may pursue their own claim once they’ve turned 18. The law states that a minor who was injured through personal injury has three years after they turn the age of 18 to be able to pursue a claim for child injury compensation.

What can be Claimed for a Child Injury?

When making a child injury claim on behalf of a child there are several different areas that are take in to consideration;

  • General damages – how much pain and suffering the child has felt due to the injury that was not consider their fault. Depending on the severity of the injury and the prognosis both will weigh heavy on how much compensation is awarded.
  • Special damages – these damages in regards to an adult personal injury would look closely at how the person has been affected financially due to the incident and injury, however this is quite different as a minor would not have loss of earnings. Child injury claims in terms of special damages can help towards medical expenses, any travel costs, or damage of property. Future expenses or any predicted loss of earning maybe covered through special damages as well as future treatment and care that may be needed.

No Win No Fee Child Injury Compensation Claims

Most personal injury compensation claims are funded through a No Win No Fee or a conditional fee agreement, this can also be the same for child injury compensation cases. These allow all victims of personal injury to be able to make a claim for compensation if they have been injured through no fault of their own.

We offer free initial consultations to all who feel that they have been injured as a result of the negligence of another. The consultation allows free discussion to understand the merits of a personal injury claim and what is likely to be the outcome of the claim. If it is agreed that there is a case for personal injury then we will offer you a conditional fee agreement where on the success of the case a percentage of the compensation awarded will be given to the solicitor as their fee. Basically this mean there is no financial risk. There are no upfront fees and no money will ever be asked from your own pocket before the case is concluded. If the case does not succeed, then there will never be anything to pay.

If we decide to take your child injury case on then you can be assured that we will do our best in order to ensure that it reaches it maximum potential and that the compensation that will be awarded will be of the highest amount for the injury sustained. As we take 99% of all cases on a No Win No Fee basis we only take cases that we are sure will succeed, if we take your case on it is because we think it has winning merits.

For What Reason can a Parent or Litigation Friend Claim Compensation for a Child injury?

Just as an adult may injure themselves through a personal injure such as a road traffic accident, slip, trip or fall or at in a public place so can a minor. By law a child who has been involved in an accident cannot make their own claim they need a parent or a person who is responsible for the child to make the claim of their behalf.

Here is a list of how a child may injure themselves through no fault of their own;

  • Child Car Accident Claim – it is very real that car accidents and road traffic accidents happen on the roads all the time and children can be involved. Just as adults can be injured through road collisions so can children. If a child has been involved in a road accident and are injured then they have the right to make a claim for child injury compensation. Car accident claim for child can be pursued by a parent or an adult who has responsibility for the child as they will act as a litigation friend.
  • Child Whiplash Claim – a child whiplash claim most always results from a road traffic accident. A whiplash injury will very often affect a person who has been involved in a road accident and all victims of a whiplash injury can pursue a compensation claim if they are not at fault.
  • Child Injured at School Claims – children injuring themselves at school due to improper safety measurements is a growing concern. Shockingly it has been revealed that children have suffered broken bones, injury through slips, even severed fingers due to health and safety issues. Climbing frames, physical education equipment as well as wet floors are the main causes of child injuries at school. Compensation for child injured at school can vary it all depends on the pain and suffering the child undergoes due to the injury.
  • Child Injury at Nursery Claims are also a growing concern. Small children are being injured at nursery schools for many different reasons, some injuries take place while children are not being supervised appropriately so an explanation is quite difficult to gain. The Child Act 2006 clearly states that children no regardless of age or teaching institution along with nursery are owed a duty of care, it must be always at the forefront that children are to be kept safe at all times. If a child injures themselves through the negligence of the nursery or staff then their parent has the right to make a claim for child injury compensation.
  • Child Injured at a Play Centre – there are more and more play centres or soft play areas popping up all the time however it is very important that these are kept safe areas to play as children of all ages use them. Accidents can very easily happen at such places especially with, spillages of hot drinks, slips, trips and falls, even unmaintained equipment. Children can injure themselves if health and safety is not taken seriously and equipment is not constantly maintained.
  • Childs Medical Negligence Claim – we do have one of the best medical services in the world but even still medical mistakes are made and no matter how minor or major a child is injured or made ill through the negligence of a physician a medical negligence compensation claim can be made.
  • Child Birth Injury Claim – injuries that happen during child birth can be catastrophic for both mother and child, maybe even more so when these injuries are caused due to the negligence of the physicians and health care workers in charge of delivering the child. Such injuries can have life changing effects for all involved and in these instances compensation is truly needed.
  • Child Injured in a Public Place – as with adults children can also be very easily injured in a public place i.e. trips on defected pavements, falls in parks, slips in supermarkets, cafes and restaurants.

What Happens to Children’s’ Compensation?

Child personal injury settlements are organised differently to adult person injury compensation settlements in as much as they need to go through an ‘Infant Approval Hearing’ which will take place at a local court so that a judge can ensure that the child is receiving efficient damages for the injuries sustained. All child personal injury settlements in the UK have to go through such a hearing to be approved.

The compensation that is awarded to the child will be kept in a trust funds until the child turns 18 in order to ensure that the settlement awarded is used for the claimant by the claimant for their own use. In some cases it is possible to take amounts out amounts of the compensation if the child is in need of beneficial items such as a computer. The parent or guardian would write to the court asking for funds to be released for such items.

Making a Children’s Serious Injury Claim

A serious injury to an adult can be quite traumatising, a serious injury to child can be even worse. When that injury was caused through the negligence of another can make it even harder to digest.

Severe injuries can be life changing and devastating for both the victim and their family. Lives can be changed in an instant and recovery and recuperation can be lengthy. A serious child injury can be very distressing for both the parents and the child especially if the injury may affect the future of the child. We appreciate how devastating this may be that is why we are here for you, to help you every step of the way taking the burden of the claim out your hands so that you and your child can concentrate on what is important, recovery.

Making a serious child injury claim may not be an option it may be a necessity so that any present and future care and medical costs are covered, and funds are there to ensure that all the needs of the child are met until a recovery is made or for the rest of their lives.

What to do if you need to Claim Compensation for a Child Injury

In order to be able to make a compensation claim for a child injury it’s important to first know if

Child injury

Child injury

the case is valid. We offer free, legal and confidential advice to those who have suffered a personal injury this is also true for child injury claims. We are able to tell you straight away if the child injury claim is valid and how next to proceed.

We always advise when making any compensation claim that to do it as early as possible so that the whole event is still fresh in the mind and details are not lost or forgotten. Gathering as much evidence as possible is also crucial so that the claim can be backed up. Images of the incident and injuries are vital so that they can be recorded and not disputed.

Using a personal injury solicitor is key so that the child injury claim can reach its maximum potential. Child injury claims can become complicate and complex so it’s important to use a solicitor that specialises in child injury claims which will help in gaining the maximum amount of compensation.

How Much Compensation could my Child Receive for their Injury?

Child personal injury settlements can largely vary depending on the type of accident, pain and suffering and future prognosis. As with adult personal injury compensation cases it is very difficult to estimate a figure especially at the initial stages as no two personal or child injury cases are ever exactly the same. People and children may have similar accidents but may deal with it in entirely different way; pain and suffering can be different for each person and while one person may recuperate quite quickly another may take double the time. Personal circumstances i.e. financial circumstances and how a person is financially affected is different for each claimant although this does not affect minors so much it may still play a part.

Below is a table that illustrates how much compensation may be awarded for a child injury claim. It can be used as a child compensation calculator to predict what a child may be awarded in terms of compensation, however the figures below are just a guide and should never be taken as fact. The figures are provided by the judicial guidelines personal injury board to assist when calculating compensation amounts.

Body PartSeverityCompensation Amounts
Brain damageVery severe£214,350 - £337,700
 Moderately severe£166,500 - £235,790
 Moderate£35,760 - £114,100
 Minor or head injury£1,675 - £10,870
Neck injurySevere£42,550 - £124,030
 Moderate£10,450 - £20,900
 MinorIn the region of £1,000 or under - £10,450
Shoulder InjurySevere£14,600 - £40,150
 Serious£9,700 – 16,060
 Moderate£6,000 - £10,670
 MinorIn the region of £1,000 or under - £6,600
Arm injurySevere£73,100 - £109,450
 Less severe£14,600 - £32,780
 Fractures of forearm£5,000 – 16,060
 ModerateUp to £9,575
 MinorUp to £10,530
Hand injurySevere£47,050 £24,260
 Less severe£11,000 - £24,260
 Moderate£4,100 - £11,110
 Minor£700 - £3,630
Leg injuryVery severe£73,150 – 113,580
 Very serious£41,675 - £70,700
 Serious£29,800 - £45,840
 Moderate£21,100 – 32,780
 Less serious£13,650 - £23,210
 Fracture to leg or femur damage£6,925 - £11,770
 Fracture to tibia, fibula or soft tissue damageUp to £9,900
Foot injurySevere£31,900 - £58,520
 Serious£19,000 - £32,780
 Moderate£10,450 – 20,900
 MinorUp to £11,500

Why Choose Us as Your Claim Service

We are here for you. To help you in every need you have when wanting to pursue a personal or child injury claim. By appointing us as your legal representation we will ensure that you receive a tailor made service so all your needs are taken care off. You will never just be a number with us, we offer a service that is next to none, as we fully appreciate how difficult it can be being a victim of personal injury, suffering an injury or illness that could have very easily been prevented.

Allowing us the privilege to be able to represent you as your legal team will not be a disappointment. We will do our best to ensure your case reaches its maximum potential and you get the compensation you deserve. When investigating a case we ensure no stone goes unturned and that we build a case that has winning merits. We have decades of experience dealing with personal injury, it is our specialty. Our reputation is outstanding among both our piers and clients.

Call for Free Advice and Start Your Claim

If your child has been injured and you think they should be compensated please call right away for quick, professional and expert legal advice on 0800 073 8804.

If you don’t have the time to call us right now you can use the contact form on this page to have us call you back, or use the live chat to leave your details. The sooner your child injury claim is started the sooner your child could be to being compensated.

 

Helpful Links

How Much Compensation For a School Accident Claim?

If your child has been injured at school or on a school trip find out how much compensation you could claim and start by getting free legal advice.

Nursery Accident Compensation Claims

Has your child been injured whilst at nursery? Get free legal advice today and see if you can claim compensation for nursery injuries.

Health and safety for school children

Whilst your child is at school the school is responsible for children’s safety even if your child is on a school trip with the school.

Illness and your child’s education

If your child is unable to attend school because of your child’s injuries or illness find out more information.

Tell Ofsted about a serious childcare incident: online form for local authorities

If your child has been involved in a serious injury at school you can notify Ofsted about serious childcare incidents including children who are in care or children living at home.

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