Children's Injuries and Accidents
At Bond Pearce our personal injury team are used to handling claims for injured children and understand the worries and concerns that any injury to a child can cause parents. We work with you to ensure that your child has access to early rehabilitation and for the more serious injuries we will obtain interim payments where possible to help with ongoing needs such as care, aids and equipment.
Every year it is estimated that approximately one million children are injured in accidents which occur around the home and on the road. A large percentage of those accidents occur as a result of the actions of a third party. Children are very active and have little sense of danger - therefore it is not surprising that child injuries are common. Thankfully the majority are minor and the child will make a full recovery. Many of the accidents and injuries we deal with occur as a result of accidents on the road as a pedestrian, passenger or riding bicycles, falls from play equipment and other heights, being struck by an object, and sports, play and recreational activities. We also have expertise in dealing with child brain damage cases involving cerebral palsy and shaken baby syndrome.
An injury to a child can affect the whole family and there are circumstances which we recognise require sensitive handling. For example we have experience in bringing claims where the child was a passenger in a car driven by a relative. These cases can be emotionally difficult for those involved but we have the experience to handle them with the utmost sensitivity. Obtaining compensation in such circumstances is fundamental to ensure that the child's interests are protected.
Even if you feel that your child may have been in some way to blame for the accident - for example they may have run out into the road, you should seek specialist child injury legal advice as in some circumstances cases can be pursued. We have an excellent record of successfully settling pedestrian cases such as this, usually on a split liability basis. For example your child might be held partly responsible for the accident but so would the driver. The end settlement would then be reflective of this. Whatever the situation it is always worth seeking expert legal advice first, at least then you will know.
We understand that compensation is but one reason why people come to us for help and that rehabilitation, assistance and a guiding hand from someone who has the experience in dealing with child brain injuries is of equal importance. The legal process can be complex and we aim to take the pressure away from this area making it a seamless process for you.
Where an injury is severe we can put you in touch with support organisations and obtain help and assistance for you. We visit our clients in head and brain injury units and hospitals as well as at home and are happy to have an informal chat to see whether we can help you.
Time Limits
These are different for cases involving children. If a person is under 18 at the time of their accident then they will normally have until their 21st birthday to start their claim. The 3year limitation period starts on the day of their 18th birthday. However it is always prudent to seek advice from a solicitor as soon as possible as there are exceptions and it is important to protect your child's interests. In addition where an injury is severe then your solicitor will be able to apply for interim payments to assist with the care needs for your child. It is also important to secure evidence as quickly as possible after a child's accident which ensures that the recollections of those involved are still fresh in their minds.
Litigation friend
A child under the age of 18 is unable to pursue a claim in their own right and must do so via a "litigation friend" who must be an adult who is prepared to act in a child's best interests. The adult is normally a relative but can be any adult who is willing to act on behalf of the child. It is not appropriate for the child's parents to act as litigation friends for example when the child needs to claim against that parent.
To read more about children's injuries and bringing a legal claim please click on the links below:-
