Compensation for a Child Accident
In the UK a person cannot claim on their own behalf until reaching the age of 18. Following a child accident however an adult can make a claim on the child’s behalf this adult is known as a “litigation friend”.
Levi Solicitors acknowledge as a parent you want to relieve your child of their suffering. Our personal injury solicitors recognise your child’s pain, but also know there is a cost for the additional time and support that is needed to care for an injured child. Your compensation will reflect any losses of earning, treatment costs and the distress caused to your child.
You can rely on us not only to obtain maximum compensation but to ensure your child receives the medical and educational support necessary, on a No Win, No Fee agreement.
To discuss your child accident claim contact our team today.
Recent example of a child accident claim
In the case of AB (by his mother and next friend CD) v LISA MAIN, Judge Steven Davis has ruled that a driver failed to keep proper observation as she approached two children playing by the side of a road.
The defendant had argued that she was driving at a reasonable speed (under the speed limit) and that she was taking reasonable precautions. However, Judge Steven Davies disagreed and said that the defendant had made a series of errors of judgement, which together, amounted to negligence.
It was said that on the basis of expert reports from reconstruction experts, that had the defendant taken her foot off the accelerator and driven at a speed below 20 miles per hour, then the claimant would not have suffered a serious brain injury which he did. It was said that the point of impact, had the speed been at a lower degree, would have meant that the child would have been struck at a different point of impact, thus avoiding the head injury.
It was said that the actions of the children by the road should have been an indicator to a reasonable driver that there was a potential risk; they may attempt to cross the road.
It was said the defendant was not to be judged by a higher standard such as having the benefit of having 20/20 hindsight however, the circumstances of the accident involving young children had meant that the driver ought to have kept the children under closer observation that she did.
There was a 20% reduction in the damages for contributory negligence to reflect the fact that the claimant would have likely acted differently had he not been of such a young age.
One of the crucial factors in the incident was the children’s age, it said that an ordinary child would not expect to have sufficient knowledge and experience of crossing roads, to be aware of the need to check for oncoming traffic before crossing, and that they were liable to become distracted by certain things that would not distract an adult had an adult been in that situation.
For advice on claiming for a child accident/ injury contact our friendly, expert solicitors in Wakefield, Leeds and Manchester.