An accident can initiate physical reactions and strong emotions that can persist for a long time. Kids are vulnerable because they don’t know how to take care of themselves. They can be injured at school, on the road, and even out shopping. If your child has been injured, seeing them going through the associated pain can more painful than getting hurt yourself. You wish you could take the pain upon yourself. If the accident was due to someone else’s negligence, you might be able to claim compensation on behalf of your kid. Your loved one’s injury could have been prevented, so call a solicitor and discuss the details. If not avoided, it could at least have been minimised.
Accidents happen. Your kid could slip, trip, and fall at school. Or they could sustain an accident in a public place, such as a playground or a park. If your child has been injured and someone else’s carelessness has played a part, you can file a personal injury claim with a lawyer like Harrell & Harrell personal injury lawyers and recover damages. The claims process has to be initiated within three years of the injury occurring. Due to the limitation period, it’s recommended to seek legal advice right away if your child has been injured. Many cases involving children are settled out of Court. Of course, the insurance company might force the case into litigation by not making a fair settlement offer.
It’s important to understand that a child’s personal injury claim is different from an adult’s claim. This is because of the legislation. You can wait for your kid to turn 18 so that they can decide what to do next. The problem is that the statute of limitations sets a very strict timeline on their legal rights. By the time your kid turns 18, the limitation on the claim will have expired. Your concern should be the welfare and health of your loved one. Decide if you need or want to proceed with legal action.
What To Do Immediately After the Accident If Your Child Has Been Injured
Don’t become overwhelmed by emotion. When put in a terrible situation, your first concern should be your child’s safety. Seek medical attention as soon as possible. Because not all injuries are visible, your kid could be suffering in silence. Have your offspring checked by a trained medical professional. This is absolutely critical for filing a dog bite injury claim or a similar legal case if you believe your child was harmed due to someone else’s negligence. When it comes down to the health and wellbeing of your child, it’s better to be safe than sorry. Have them thoroughly assessed. You’ll have supporting paperwork from your doctor to state that the injuries were sustained as a direct result of the accident. There’s no way that your personal injury claim will be rejected.
If possible, take photos of the accident scene. The pictures can make the difference between winning and losing the case. Don’t leave out critical details. There’s no such thing as having too many photos of the accident scene. Take more pictures than you think you need. Maybe there were witnesses present. They can discuss anything they see or hear. Witnesses can bring key insights into the case and prove the value of the personal injury claim. Get their contact information as they’ll have to give a statement later on. At this early stage, it’s worth taking legal advice. You should take professional advice from a suitably qualified solicitor in the UK. It’s a comfort to know you have someone to guide you through the process from start to finish.
A Child Must Have a Litigation Friend to Conduct Proceedings on Their Behalf
You can be appointed as a litigation friend to make decisions on the court case and instruct the solicitor on your kid’s behalf. It’s your duty to act fairly and responsibly throughout the claims process. You can either apply to be your child’s litigation friend or be appointed by the Court. At any rate, the Court will verify if you’re suitable. If you’re not willing to take on the responsibility, the Court will ask the solicitor to step in. Just so you know, a number of people can be appointed as a litigation friend, including your spouse, a friend, or a deputy authorised by the Court of Protection.
The appointment of the litigation friend will come to an end when the case is over. During the course of the case, you’ll be required to sign many documents, make key decisions, and accept compensation or settle on certain terms. If the agreed damages are insufficient to compensate the child for their injuries, the judge will refuse to approve it. You’ll cover the expenses relating to the proceedings. You can voluntarily step down during the claim if someone is willing to take your place. The presence of a litigation friend doesn’t affect how the claim advances. It’s just that the Court needs to approve any compensation settlement you agree upon.
A Claim Can Be Made for Pain and Suffering, Financial Losses, And Loss of Enjoyment of Life
Damages compensate your child for the harm they’ve suffered. The amount awarded depends on the severity of the case and the effects of the injuries on the kid’s quality of life. You can sue for pain and suffering, financial losses – these can be medical expenses, help with household chores, travel expenses – and loss of enjoyment of life. Your kid isn’t able to engage in their favourite hobbies or activities, can’t see their friends, or enjoy life. If you’ve had to take time off from work, you may receive compensation for loss of income. When financing falls, kids tend to do worse in school and suffer psychological strains.
The compensation award is for the benefit of the kid, so it’ll only be paid when they reach the age of 18. If you have preferences as regards how the money should be invested, talk to your personal injury solicitor so that they can make the submissions to the Court. The judge may consider releasing compensation sooner. Nonetheless, an exception can be made only in special circumstances. If your child has been injured and you need to continue medical treatment or need money for your child’s education, you may be granted approval. Specialist advice will be needed before going down this route. Compensation will help you get your lives back on track.
