Accidents Involving Children
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There are many ways in which children will have an accident, that’s part of growing up, however some accidents can be prevented. As a parent there are bound to be times where you have to leave your child in the care of another, albeit a nursery, nanny or a school. When your child is left under the control and supervision of another a duty of care is owed by that person or organisation to your child.
Children are obviously expected to be less careful than adults, therefore any dangers that are in a nursery or crèche are magnified and those that are not a danger to an adult can be to a child. Any warning signs displayed do not prevent an action in personal injury, especially if the precautions are sufficient for adults and not for children. A child also requires more supervision especially if left at nursery, playschool or on a play scheme and if it can be demonstrated that a lack of supervision amounts to negligence a claim for personal injury is available.
The most common accidents and consequent injuries that arise involve accidents at playschools, faulty equipment in a school or leisure centre, road traffic accidents where a child is a passenger or a pedestrian, trips on uneven surfaces or a slips on spillages.
Here at My Claim we appreciate the protective nature of parenthood and the worry that can be caused by an injury to a loved child. Children and personal injury can be a complex area of the law, but our specialist solicitors have over 20 years of knowledge in dealing with child law thoroughly and efficiently.
It is important to be aware that in child cases the time limit for making a claim is very different to other personal injury claims. The normal rule is you have 3 years from the date of the accident to bring a claim for personal injury. In claims involving children the rule is that you have 3 years from when the child attains majority at 18 years to make a claim. So if a child suffers an injury at 2 years of age the time limit for making a claim will not expire until the child attains 21 years of age. Obviously it is better to bring a claim straight away when memories are still fresh and witnesses can be traced.
In all cases involving claims for personal injury where a child has been injured the court will need to approve the terms of settlement and will invest any damages in an interest bearing account until the child attains majority at 18 years. This ensures that the damages are protected and used for the benefit of the child when he or she attains majority and can their own choice as to what they would like to do with the compensation awarded.
If you feel that you have had an accident causing personal injury please call our free phone number on 0800 731 2586 or fill out our online form for free expert advice.