User:Ronnie061/Child injuries and compensation

Child Injuries Accident Compensation
When a child suffers from an accident causing injury it can be extremely traumatic to the child and parents. Every year thousands of children are injured through no fault of their own and have to suffer from injury, disfigurement and/or disability. For statistics on accident numbers see - Royal Society for the Prevention of Accidents web site www.rospra.com.

This article written by Mr Ronnie Hutcheon a specialist personal injury and civil litigation solicitor, in the Firm R James Hutcheon Solicitors www.hutcheonlaw.co.uk and Regulated by the Solicitor Regulation Authority - www.sra.org.uk. It is intended to provide a basic outline and helpful content to parents and guardians who are responsible for a child who has been involved in an accident causing injury. A specialist web site has been developed which provides further information and help to parents and guardians www.childinjuries.co.uk

A Child Must Act Through a Parent or Guardian.
The first thing to realise is that the law in England and Wales is that individual is classed as a child if they are under 18 years of age. As the parent or guardian, known as a “Litigation Friend” of an injured child, the litigation friend can make a claim for compensation on behalf of the child's injuries. A person under the age of 18 years is classed as a child, minor or person who lacks capacity to act in their own right so a claim for compensation must be pursued through an adult providing there is no conflict of interest. Therefore child injuries sustained whilst as a passenger in a car driven by the child’s mother who was to blame for the accident could not be the “litigation friend” due to a conflict of interest. In these circumstances the Father or another responsible adult such as the grandmother or close relative must act on behalf of the child in respect of the child’s injuries.

The child's personal injury solicitor must take instructions from the Litigation Friend. The solicitor cannot take instructions from the child. However the solicitor will be able to take a statement from the child if the solicitor is of the opinion that the child is able to provide worthwhile evidence about the accident.

If court proceedings are commenced the Litigation Friend and the child's name will be written on the formal court documents call the Claim Form and the Particulars of Claim The parties names will look something like this:

In The Liverpool County Court

Between

Child's Name (who proceeds by his mother and litigation friend - mother's name) CLAIMANT

-AND-

ABC Council DEFENDANT

PARTICULARS OF CLAIM

Details of the claim here....

As can be seen from the above whilst the court claim will be in the child's name the solicitor is required to name a suitable adult and the adult's relationship with the child. There is a further form that the litigation friend must complete a form to state that there is no conflict of interest between the child and the adult in taking legal action for accident and injury compensation. See which provides a downloadable form from the Court Service web site - title name FORM FP9.

Compensation for a Child Must Be Approved By the Court

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Once the case is settled and the case in won for the child’s injuries, the compensation will be payable only when the child reaches the age of 18 years which is the age when the law determines that a child can act for himself/herself without the need for a parent or guardian. If the child needs money for education, welfare or benefit before reaching 18 years, the child's solicitors will request from the court a payment out of the compensation fund on account. The best time to ask for an immediate payment is that the court approval hearing for the compensation. The Litigation Friend should bring copy estimates for the purchase such as a computer for school work etc.

The compensation payment for the child injuries following an accident claim will be invested on the child’s behalf at the Court Funds Office special court bank account which gains interest and is invested on behalf of the child until the child reaches the age of 18 years of age. The address of the Court Funds Office, 22 Kingsway, London, WC2B 6LE - web site [http://www.courtfunds.gov.uk/ ]

It is important once the claim for the child injuries following the accident has been finalised that the parents and the child keep a note of the court case number and the address of the court. If the family move address they should also remember to let the court know of the new address so that the court will be able to keep track of the family and remind the child about the compensation claim when he or she reaches the age of 18 years. The compensation is invested until the child reaches majority and the interest will be paid when the child reaches 18 years of age.

Note that once the child reaches the age of 18 years, the child becomes an adult and no longer needs to act through the litigation friend, usually the parent of guardian of the child. The child will be classed as an adult and be able to instruct his/her accident solicitors directly. Any compensation payable for injuries following the accident when the child is 18 years or over can be payable directly and does not have to be invested at court. If compensation is payable on behalf of a child, then the court must approve the compensation amount and then the money is invested by the court funds office until the child reaches 18 years of age.

Parents Should Claim for Child Injuries Quickly Following an Accident

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In an accident claim involving an injury to an adult (a person 18 years and over) the normal rule is that the injured person must issue court proceedings within 3 years from the date of the accident. However, where a child has been injured following an accident, the child does not, in law, have the capacity to have the relevant knowledge to take court action before the child is 18 years of age. Therefore, the normal 3 year time period only begins to run when the child reaches its 18th Birthday. To bring an accident injury claim in time, the claim must be issued at court before the child’s 21st birthday. If court action is not taken by the solicitors before the child’s 21st birthday the court may strike out the claim. It is therefore very important to instruct a child injury specialist solicitor as soon after the accident so that all the necessary preparation and investigations can be undertaken by the solicitor.

Why Instruct a Child Injury Solicitor Quickly?

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Whist parents may consider that there is plenty of time instruct a solicitor before the child’s 21st birthday what they must consider carefully is that it is important to obtain evidence quickly following the child's accident because witnesses may move and over a period of time their memories may fade and be unreliable. Furthermore if there is a defect in the playground, trampoline, and school equipment, for example, it is important to obtain contemporaneous photographs, sketch plans or attend a site inspection so that important evidence is not lost. If the Litigation Friend delays talking to a solicitor then proving a claim for child injuries compensation may be very difficult or impossible. For the above reasons and many more, it is important to instruct child injuries solicitors as soon after the accident as possible. The fact that you can leave it until the child is 21 years to issue court proceedings is very dangerous. The injury solicitors may not have enough time to prepare the case properly which could result in the accident claim being prejudiced.

Summary of Child Injury Time Limits

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As a responsible parent or guardian, you must instruct a child injuries accident solicitor as quickly as possible so that the solicitors can prepare the case quickly and gather relevant evidence to help support the claim. In complex child injury claims where the injuries are serious, it is important that the child injuries accident solicitors are given as much time as possible to prepare the case to take it to court if required. Do not leave it too late.

What Can Be Claimed?

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A claim for accident compensation for child injuries to a child is made up of the following:

1. Child Injuries – compensation is assessed by the extent of the injuries and suffering by the child as a result of the accident. In general the greater the injury and suffering the more compensation will be awarded. General guide about compensation awards can be found at

2. Expenses/losses – Generally a child will not incur any losses as these will be sustained by the parent or guardian. Expenses/Losses can include the following:

a. Claim for replacement cost to the child’s clothing if damaged in the accident, b. Travel expenses to hospital and GP c. Loss of earnings as a result of taking time off work to look after the child d. Any other expense or loss that is deemed to be reasonable.

When a solicitor calculates the compensation claim for the child’s injuries following an accident to a child causing injury, the solicitor will calculate the claim by reference to the two basic principles. This would be the calculation of the child's personal injury claim following the accident and the financial loss to the parent or the child. The financial loss and expenses will normally be incurred by the parent as the child usually has no independent financial income. The following is a typical examples of a claim for financial losses and expenses following a road traffic accident:-

* Claim repair damage to the motor vehicle

* Claim for any car hire

* Claim for any storage charges of the motor vehicle

* Claim any insurance excess

* Claim loss of earnings

* Claim loss of bonuses, loss of profits or overtime

* Claim any no claim bonus which may be lost pending the claim

* Claim for damaged clothing

* Claim for medical bills

* Claim for time caring for the injured child or children in the car crash

* Claim for travel expenses attending upon hospital, GP, physiotherapy, solicitors and doctors

* Claim for sundry expenses such as telephone calls and postage

The above is just an example of some typical child injuries claims for out of pocket expenses and losses that our routinely claimed following a road traffic accident. The child injuries and accident solicitors will, of course in addition to the financial claims, claim for the pain, suffering and loss of amenity, commonly known as personal injury, or in solicitor’s language “general damages”.