If your child has been injured in an accident, you need to find out what help you can get. An accident can have a very large impact on a child’s life both physically and mentally. Injuries can take away our independence and stop us from being able to carry on with our normal lives.
However, when this happens to a child, it can be much harder to cope with. For parents, there is nothing worse than your child being hurt or in pain and not being able to do anything about it. While there is no amount of money that will make up for seeing your child in pain or the pain that your child has to suffer, compensation can help in other ways. The covering of medical treatment, as well as recovery and the future, will be aided by compensation.
The compensation that you will be able to claim will also help to cover the immediate costs of the injury. You can also get your child the support that they need in the future too help them carry on with their lives and regain as much of their independence as they can.
Has Your Child Suffered A Severe Injury?
Parents always feel that any injury their child suffers is serious or severe. However, you need to know what the circumstances are which make an injury serious in the eye of the law.
- The njury they have sustained has affected the development of your child
- Your child will be living with pain or a condition they did not have before the accident
- The injury they suffered caused them to be in the hospital for a prolonged period of time
- You or another member of your family had to take a prolonged period of time off work to care for your child
If any of these situations apply to your child, you could have the grounds for a serious injury claim. This will be made on your child’s behalf and their compensation will cover the impact the injury had on your ability to work. The compensation will also cover the pain and suffering that your child has had to go through and any future limitations they may face because of the injury they sustained.
Does Your Child Have A Claim?
You will generally be able to make a serious injury claim on your child’s behalf if the accident your child was in was someone else’s fault. You will usually have until 3 years after the child’s 18th birthday to start the claims process. Between the age of 18 and 21, your child will be able to start the claim on their own.
However, it is important to note that there are some exceptions to this rule. These exceptions will include your child not having the mental capacity to start the claim after their 18th birthday. In these cases, you may have longer than 3 years to start your claim.
Your Child’s Compensation
In order to file for compensation on your child’s behalf, you need to contact a solicitor. When you get in touch with a solicitor, they will listen to all the details regarding the accident. They will generally ask you some questions which will help them understand the effect the injuries have had on your child’s life. They will also want to know more about the long-term needs that have arisen.
The information regarding exactly what happened during the accident is very important. This is the information the solicitor will use to determine fault and the amount of compensation you could be entitled to. In order to determine compensation, your solicitor will look at certain points including:
- If there is any specialised treatment or extra care that your child needs
- The support you and your child need
- The adaptations you need to make to your home or car to cope
- The time you or another family member has had to take off from work to care for your child
- Your child’s future and the way that this could be affected by the accident they were in
Interim Or Mid-Claim Payments
You should not have to deal with additional financial pressure when you are looking after your child following the accident. This is why many solicitors will look at getting interim or mid-claim payments to you. The interim payment will be compensation payments that you get before the final settlement is sent. These payments will help you cover the immediate needs of your child.
These payments can be used to cover the costs of travelling to a specialist doctor at a hospital which is not in the local area. It can also cover the income that you lose when taking time off to care for your child. You may also use these payments to cover the care and support that your child needs to make a full recovery.
When Your Child Is 18
The compensation that your child received will be protected by the court until they reach the age of 18. However, if you need to have earlier payments to cover their development or care, your solicitor will be able to create a personal injury trust instead. This allows you to access the compensation amount sooner.
When your child turns 18, the courts will release their compensation payment to them. The only time this will not happen is when they do not have the mental capacity at this age to manage their own finances. If this is the case, the court will appoint a deputy who will be responsible for the handling of their compensation. This person will generally be a close family member or a professional.
Types Of Accidents Involving Children
There are a number of different accidents which can cause serious injury in children. These accidents will generally lead to a successful compensation claim.
- School-related accidents
- Pedestrian accidents
- Medical negligence
- Road traffic accidents
It is possible for your child to suffer an injury from an accident not listed. The primary criterion for a compensation claim is that the accident was caused by someone else.