Making an Injury Claim on Behalf of Your Child
Injuries are a part of childhood and kids often get themselves into accidents. However, your child is entitled by law for compensation if negligence is involved. This is in the case when a person’s negligence is involved in the Accident or Safety measures. By UK law, anyone who is below the age of 18 is a child. And parents can make an injury claim to get compensation on their child’s behalf. For More Information: https://nayyarssolicitors.co.uk/serious-injury/
Why Go for an Injury Claim? Unfortunately, most of the times parents hesitate when their child is injured because of negligence. There are usually two main reasons why parents don’t want to initiate proceedings. Firstly, they often don’t know whether or not they can make a claim. And secondly, they cannot afford to pay a solicitor. In this article, we have briefly described the process of filing a claim. We’ve mentioned the important things and procedures that can help you. After reading this, you can hire the Best Personal Injury Solicitors for your child.
The No Win No Fee Agreement When you are filing a personal injury compensation, never worry about the legal fee. Parents don’t have to pay any upfront amount until the trial ends. Mostly solicitors handle a child’s personal injury claim with a No Win No Fee Agreement. As per this agreement, the lawyers discuss your case free of cost. They usually assess your claim and its merits in detail. In case your child has a solid case, they agree to file a claim on the “No Win No Fee" basis. They will not charge you but you are required to sign an agreement. According to the agreement, a settled amount will be fixed as a fee in case you win the case. It will be cut from the compensation that your child will get. You don’t have to pay if you lose and the amount will be paid through insurance. That’s why solicitors carefully do an assessment before taking a personal injury claim.
Time Limit for A Child Injury Claim Usually, a personal injury claim has to be filed within 3 years. And this starts from the date of Accident or Recovery in case of mental illness. But the rule is different for a child injury claim. This 3 years’ limitation starts when the child reaches 18 years of age. Thus, a personal injury claim on behalf of a child can be filed before the 21st birthday.
Who Can Make a Claim? The UK law doesn’t allow anyone who is under 18 years to file a case for personal injury. Instead, a parent or guardian files the case on a child’s behalf. The term ‘litigation friend’ is used for such a person and they have to carry the responsibilities. Every decision this person makes should be in the interest of the child.
Expected Compensation Amount A personal injury to a child creates huge impacts on family members. Each family member is affected and goes through emotional stress. However, the court only considered factors that had or can have a toll on the child. Below are some important factors that are considered in a personal injury claim.
Impact of the incident on your child’s life How much amount the parents has lost in terms of income How serious is the injury Any future treatment
Likewise, the recompense amount will be decided by considering the following factors. Recompense for suffering and pain Legal and medical expenses as well as transportation charges Recompense for ongoing or future treatment
Required Details Your solicitor will need certain details from you before filing a claim. This will help to prove that your child has suffered due to negligence and it can be avoided. You have to provide information about the accident with the exact time and date. Also, the place of accident and contact information of any witnesses. You can build a strong case if you have any videos or pictures. Don’t hesitate if you have less evidence and seek guidance from the best solicitors. They can offer you the best possible advice after the assessment of your child’s case.