Child Injury Lawyers for Child Injury & Child Accident Claims
Child Injury Claims are some of the most emotionally challenging cases we work on, but also some of the most important to us.
Our Child Injury Lawyers have extensive experience in helping families to claim compensation for accidents involving children.
It is every parent’s worst fear that their child may come to any harm. To have this fear realised is extremely upsetting to say the least. If this is what you are facing, then genuinely our hearts go out to you.
We recognise how difficult it can be to summon the energy to embark on a legal process at an emotional time, but if you believe that your child’s injuries are the result of someone else’s carelessness, or negligence, then we are here to support you. You can leave the burden of the legal proceedings in our capable hands and let us seek the justice and financial recompense you, your family and your child deserve.
You may not be able to rid your child of the injuries they have suffered, but together we may be able to alleviate some of the immediate financial pressure you may be under. And at the same time, seek to provide some genuine financial security for your child’s future.
Call one of our Child Injury Lawyers today for a confidential, compassionate and honest conversation to establish whether there is in fact a case to be answered.
What is classed as a serious child injury?
Obviously, any injury suffered by a child is serious for you as a parent, but in terms of the law, the classification is determined by examining the physical injury, the impact on the child’s life since the injury and the expected impact into the future.
The types of life-impacting injuries the law deems to be serious enough to warrant substantial financial compensation include cases where:
- The child spent an extended period in hospital
- The child’s development is likely to be impaired as they grow older
- The child has a condition or suffers from pain they did not have before
- You as the main caregiver or other family members have suffered a loss of earnings, as a result of caring for the injured child.
The types of accidents which commonly result in serious injury to children and for which financial compensation claims are often successful include:
- Child injured at school or nursery
- Child injured at a play centre
- Child injured in a car accident
- Child injured in a public place
- Child injured by medical negligence
The above list is not exhaustive, so if your child has suffered a serious injury not covered in this list, that you believe was due to the carelessness or negligence of a third party, then it is still likely you can pursue a claim for compensation.
The first step is to open a conversation with one of our Child Injury Lawyers, who can tell you very quickly whether you have a claim that has a high chance of success.
Child Accident Statistics
Every child is entitled to live in a safe environment with protection from injury as they go about their lives. Children are less aware of the risks in their surroundings and the consequences of a serious injury. They have a tendency to get absorbed in, and not necessarily be aware of, what they are doing.
For these reasons, the adults responsible for the child’s safety must take steps to protect them. If a child is injured due to a failure in the duty of care or negligent actions, there may be grounds for a compensation claim.
Other than accidents at home, children are most commonly injured at school or nursery and on the roads.
Child accidents on the road
According to the Department for Transport, child pedestrians account for the majority of child casualties on Britain’s roads. 58% of accidents involving child pedestrians occur between 3pm and 6:59pm, and the majority are between 11 and 15 years old. These figures highlight the additional risks children are exposed to as they start to travel to secondary school alone.
Thankfully, as road and vehicle designs have improved and there is better education and awareness of the dangers, total child casualties have decreased significantly over the years.
Child accidents at school
Although we expect children to have some bumps, scrapes and falls from time to time while they are at school, it does not mean that they should be ignored. If an accident has been caused through an unsafe environment or due to the negligent actions of a teacher or supervisor, then it is right to take action so that it can be prevented from happening again.
The HSE received reports of 50,058 injuries in primary and secondary schools between 2005 and 2010 with around 70% involving children, leading to 29 prosecutions.
Whether your child’s accident involved a slip, trip or fall on school premises, an incident of bullying or an accident on a school bus, our lawyers can help you decide whether to make a claim.
If an accident does happen, make sure it is entered into the school accident book. This creates a record of the incident which will support your claim.
We also recommend that you gather as much information as possible about your child’s accident, including the names and contact details of the teachers and children involved, photographs of the injuries, and of the area where the accident happened and receipts for any costs incurred as a result of the accident.
Claiming Child Injury compensation
If your child is under the age of 18, they are deemed too young to make a claim for themselves. It is, therefore, your role as their parent(s) to pursue the claim on their behalf. In the eyes of the law, a parent can initiate such a claim until 3 years after the child’s 18th birthday, unless the child does not have the mental capacity to pursue such a claim on their own, in which case you may have longer than 3 years.
A parent or guardian claiming on behalf of the child is known as their litigation friend. This person must be independent, meaning that they cannot be the same person responsible for the accident. This is often a consideration in situations where the child’s parent was driving the car when an accident happened for example.
How much compensation will my child receive?
The amount of compensation you will receive depends on the unique circumstances of your child's accident. Compensation amounts vary according to the type of accident, the severity of the injury, the impact on the child’s life, and whether the family have suffered financially as a result of the accident. The judge will consider all of the factors of your child's case carefully to arrive at an amount that is appropriate for your situation.
When will we be able to access the compensation?
When compensation is awarded to a child, the money is kept in a court bank account until the child turns 18. It is possible to petition the courts to release funds early, but this will only ever be done if it can be shown that the child will benefit from the money being released. Requests may be granted to help with any medical bills or education costs that the family cannot cover
What evidence do I need for a child accident claim?
The type of evidence required to support a child injury claim, is the same as any other personal injury claim.
- medical records documenting the injuries sustained and the treatments received by the child
- photographic documentation of the child’s injury
- photographic evidence of the scene of the accident
- witness statements
Our dedicated team of Child Injury Claim Solicitors will assist you with every part of the claims process, building a robust claim with the best possible chance of a positive outcome.
No Win No Fee Child Injury Claims
The majority of the injury claims we handle at Sheldon Davidson Solicitors are dealt with on a ‘no win no fee’ basis. Following an initial consultation about your case, we will be able to confirm that we can handle your case in this way, or whether there are alternative funding options available to you.
If your claim is unsuccessful, so long as you act in accordance with the terms of the no win no fee agreement (called a Conditional Fee Agreement), then we will not charge you for the work that we have carried out.
For parents who have legal expenses cover as part of a home insurance policy, it may be more cost effective to fund a claim that way.
Ultimately, we will clearly present all the options so you can make an informed decision about the best course of action for you.
Why choose the Child Injury Lawyers at Sheldon Davidson Solicitors?
At an unimaginable time, where it is likely that you are struggling to cope, both physically and emotionally, we will stand in your corner and do everything we can to secure the financial settlement you and your child deserves. Our Child Injury Lawyers are specially trained to shelter you, the family, from the complexities of the legal process. All we need from you are the facts and you can leave the rest in our capable hands.
We have many years of experience and many examples of successful outcomes for families who sadly have been in a similar position. You can be confident that we will throw all our expert knowledge and legal expertise into securing the best possible outcome.
We will give you a voice, make sure your case is heard and justice is done. Often, in our experience, this alone can prove to be a major milestone on the healing journey.
Call one of our expert Child Injury Claims Lawyers today for a free and impartial conversation and test our approach for yourself.
What are the most common causes of Serious Child Injuries?
Injuries in and around the home are the biggest risk to young children, with approximately 60 children aged under five losing their lives each year, which represents one in twelve of all deaths of children aged under five. Accidents at home involving children aged under five also account for 450,000 visits to A&E and 40,000 emergency hospital admissions each year.
Away from the home, the majority of serious and fatal injuries to children occur at school or nursery and on roads.
According to the Department of Transport, child pedestrians are at the greatest risk of injury on the road, accounting for 69% of all children killed or seriously injured on the road each year. Unsurprisingly, many of the injuries occur between the times of 3pm and 6.59pm, when children are on their way home from school. One of the key factors in the majority of child pedestrian accidents is failure to look properly, with 78% of child pedestrian accidents citing this as the main contributory factor.
Whilst every parent accepts that their child might graze their knee in the playground or pull a muscle in PE, accidents that are caused by the negligence of those responsible for supervising their child or caused by an unsafe environment, are not acceptable and can lead to a parent claiming compensation on behalf of their child.
Between 2005 and 2010 the HSE received reports of 50,058 injuries sustained in primary and secondary schools, with around 70% involving children. 29 of those injuries lead to prosecutions.
Can I access my child’s settlement money?
Ordinarily no, any settlement amount awarded to a child will be held by the Court Funds Office where it will be invested and accrue interest. Once the child reaches the age of 18, the Court Funds Office will usually transfer the money to the child and close the account.
However, in certain circumstances where the child requires a proportion, or all, of the settlement money for specific needs, such as medical treatment or educational support, then a request can be made to the court. Provided that the court is comfortable that the money is intended to be used for the benefit of the child and will not be wasted, then the court is likely to grant approval.
Contact Our Child Injury Solicitors
Established in Manchester in 1997, we are a leading specialist personal injury, accident, and medical negligence law firm acting for claimants who are victims of non-fault incidents.
At Sheldon Davidson Solicitors we also help our clients obtain the rehabilitation care they need without financial outlay.
Our expert Manchester personal injury solicitors regularly act for clients on child injury compensation claims across Greater Manchester including Ashton, Bury, Bolton, Radcliffe, Prestwich, Middleton, Failsworth, Rochdale, Oldham, and Whitefield.
Our team of recognised Serious Injury Claims Lawyers can support your needs wherever you live in Wales, England & Northern Ireland.
We serve clients across the UK.
We specialise in no win no fee personal injury claims, which means if you don't win, there will be nothing to pay.
Call us for free now using the number at the top of the page or complete the online contact form and a member of our team will get back to you.
Sheldon Davidson Solicitors are a Lexcel accredited law firm. The Lexcel standard is only awarded by the Law Society to firms who meet the highest standards of practice management and customer service. With Sheldon Davidson Solicitors in Manchester, you can be confident that your claim is in safe hands.