Do you have a child personal injury claim?
If your child (under the age of 18 years old) has been involved in an accident that wasn’t their fault you may be able to make child injury claims for compensation.
At Ringrose Law, our personal injury team has years of experience representing children who have been involved in a no-fault accident. We will work hard to ensure that your child receives the maximum amount of compensation award, and will help them with the recovery process.
We can act for your child on a no win, no fee basis which means that there is nothing to pay if the claim is unsuccessful.
What is a child personal injury claim?
A common child injury claim can include;
- Accidents at school or nursery caused by inadequate supervision or unsafe premises or equipment.
- Accidents in a playground or soft play area
- Accidents at an after-school or sports club
- Road Traffic Accidents
How does a child injury claim process differ comparison to an adult claim?
A child is not able to provide instructions to a solicitor. This means that they need to have an adult (known as a litigation friend) do this on their behalf.
Usually, a parent acts as a litigation friend to claim for the child. But it could be a grandparent, guardian or another appropriate adult.
Prior to agreeing to any settlement for a child injury case, an opinion needs to be sought from a barrister about the value of their claim.
If we are able to negotiate a settlement on behalf of your child then this settlement must be approved by a judge.
This means that a very brief hearing takes place at the end of the claim.
The hearing is very informal and usually only lasts for around twenty minutes, it is in the judge’s chambers (not in open court) and the judge will not wear robes.
It is a final check to ensure that a fair and appropriate settlement has been reached on behalf of the child.
Will my child receive compensation immediately if the child injury claim is successful?
Compensation is usually paid in a bank account at the court funds office. It then stays there and gains interest until the child 18th birthday, it is then paid directly to them. It is possible to request payments out of the settlement prior to the child reaching 18 years old, for example for medical treatment.
Child injury claim – What can be claimed for?
A child can claim compensation for the pain and child suffering that their injury has caused them.
The child or parent/guardian can also claim any out of pocket expenses that have been incurred, this could include; prescription charges and travel expenses.
If you or anybody else has had to provide care for the child (over and above that which is usually provided by reason of their age) they can claim for their time too.
No Win, No Fee
You should not have to worry about legal fees when trying to the compensation your child deserves. That is our belief at Ringrose Law.
Because of this, it may be possible for you to make a child injury compensation claim under a No Win, No Fee agreement.
Should this be the case, then you will not have to pay should your case be abandoned or you lose at court.
To protect you from the Defendants costs though, we would recommend taking out “after the event insurance”. This would help cover you for any costs the Defendant may attempt to redeem from yourself should your case lose. The team at Ringrose Law will be able to advise you with more information on this should you wish to make a claim.
If you are successful in your claim, your basic legal fees and disbursements will be paid by the other side. You may also be charged a success fee out of your damages. The amount of the success fee will be individual to each case. However, this will be capped at a maximum of 25% of the damages.
What should I do now?
If your child has been injured in an accident that wasn’t their fault and would like to make a child accident claim for compensation then contact our personal injury team now. We are happy to offer a free initial appointment.
You should make sure that you report the accident to the appropriate person (and ensure that they make a record of the accident) and seek medical attention for your child’s injuries.
For further advice and information contact our expert team today.