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Should I make a claim for my child’s personal injury?

August 3, 2013

When we think about compensation claims, our minds immediately turn to health and safety at work or road traffic accidents.

But what if our children suffer negligence by someone else’s hand and need to make personal injury claim or rather, we have to on their behalf?

It’s an all-the-more poignant issue now that the six-weeks’ holiday is upon us.

Furthermore, the UK’s unusually fine weather is encouraging outdoor activities that our kids are somewhat unfamiliar with, given the penchant amongst the young for games consoles that they can’t be prised from during term time.

Why should summer holidays lead to children’s compensation claims?

There are few roles in the workplace that allow for working parents to have the full summer holidays off with their kids. As much as most parents may think of that as a blessing in disguise, it does present another problem.

Childminders have their books full constantly from late July to early September; even the best can’t keep their eyes on little Johnny or Sarah every minute they’re in their care.

The American convention of summer camp is also becoming more prevalent in the UK, with kids packed off for weeks to outbound pursuits facilities where nature itself can be a factor as well as supervision.

Can we claim personal injury for our children?

Given that many children will act uncharacteristically to impress their peers, opportunities are more rife than ever during summer for children to take greater advantage of their freedom from parental guidance than at any other time of year.

With the greatest will in the world, daycare specialists and trained supervisors at outdoor recreational facilities cannot watch over our child with the diligence we do as parents.

Additionally, although equipment is safety checked, it’s not failsafe.

Whether negligence or equipment failure is to blame for your child’s injury, you’re within your rights to claim against the temporary guardians if they or their equipment is at fault.

Isn’t there special legislation for kids’ personal injury claims

As children tend to ‘grow out’ of injuries quicker as they’re developing, damage sustained during childhood and adolescence may not become prevalent until adulthood.

It’s for that reason special circumstances exist for children’s personal injury claims that differ from those an adult would otherwise have to respect.

In adulthood, you have a period of three years to stake your compensation claim for personal injury after the accident that has led to incapacitation has occurred.

For kids’ accident claims, it’s different. You can claim on their behalf up to the age of eighteen, no matter when the injury occurred during their childhood.

It doesn’t stop there. Once you reach adulthood, from the age of 18 onwards you still have three years to claim yourself for any injury you may have have suffered through someone else’s negligence as a child or adolescent.

Child injury is no laughing matter. It’s painful to watch as a parent and can be even more detrimental to the child in later life.

If the injury is not dealt with immediately or, in the worst case, compensation isn’t sought for the right care to help the child recover, it can lead to both physical and mental development impairment that could lead to life-long effects on their ability and personality.

If you child has been injured and someone else is at fault, talk to us today.

The sooner we get them on the road to recovery, the better the long term outlook and the easier it will be for you to cope with your child’s personal injury.