Child Road Accident – Hit From A Side Road
19/06/2009Accident and Injury Claim – Child – Road Accident – Hit Side Road – Solicitor Sues
The injury and child accident example claim would be against the driver of a motor car causing injury to the parent and child. The parent was the driver of the car, and the child a rear seat passenger in a child seat fitted securely in a child seat. The road traffic accident was caused when other driver of the motor car, failed to give way at a junction, proceeded out of the junction (ignoring the give way signs) and hitting the child’s parents motor car from the side. This type of accident happens every day. The parent and child will all have a claim against the other driver for personal injury (usually whiplash) or neck injuries, repairs for the vehicle, medical bills, replacement car hire, return of any insurance excess, loss of earnings, and time for caring for the child and any other reasonable expense or loss. Child injury and accident Solicitors will take a care to claim all the all losses and expenses as well as a lump sum compensation payment or award to the child and the child’s parent in respect of the claim.
It will be noted that the child accident personal injury solicitors will claim by way of a letter of claim setting out the road traffic accident particulars, the time of the accident, what happened, if there were any witnesses and provide full details of why the solicitors and the litigation friend on behalf of the infant child consider the other driver was to blame for the accident and the personal injuries sustained both physical and emotional.
The blame particulars that the child solicitor’s letter of claim would contain would look something like this:
The child’s accident was caused by the negligence of the defendant, their employee or agents in negligence due to:
- The car driver failed to stop at a give way junction causing personal injury to the child and parent
- The car driver drove his vehicle too fast causing personal injury to the child and parent
- The car driver failed to break in time or at all causing personal injury to the child
- The car driver failed to swerve or manoeuvre his vehicle so as to avoid the collision with the parent and child’s passenger vehicle causing personal injury to the child
- That the facts of the car accident speak for themselves causing personal injury to the child
- The car driver failed to stop in time or at all to avoid the accident causing personal injury to the child
- The car driver failed to take heed of the road conditions, to slow down, sound his horn so as to avoid the collision causing personal injury to the child
- That the facts of the car accident speak for themselves causing personal injury to the child
Disclosure of Documents In The Letter of Claim
Unless liability is admitted in full solicitors for the infant child and the family will expect the other car driver to disclose all relevant documents in accordance with a Court Protocol which exists in personal injuries claims such as road traffic accidents. It is a procedure that encourages solicitors acting for the parties to exchange information quickly to help speed up the claim for personal injury and accident claims. Examples of documents the child’s solicitors would request would be something like the following:-
The Solicitor would routine disclosure of:
- Maintenance of the vehicle (if there was something wrong with it)
- Mot cerificate
- Police report, if any
As a matter of procedure, solicitors for the injured child would be contacting the insurance company of the driver at fault and obtain further information.
The above is only a brief outline of the possible blame in negligence on behalf of the child and the child’s parents in respect of the accident against the Council, School or Occupiers, Owners of the area in question.
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Child’s Accident and Injury Claim
The letter of claim would then specify the nature of the child’s injuries such as a head injury, fractured arm or leg, back injury, neck injuries etc. The solicitor here would specify the full extent of the injuries to the child or children if more than one involved in the accident. The solicitor would then try to agree an independent medical expert with the party to blame for the accident. The doctor would then examine the child in the presence of the mother or father (litigation friend) and provide a written report on the injuries sustained by the infant child. The written report will then form the basis of the amount of damages or compensation the child will receive. Obviously the more severe the injuries to the child the greater the amount of compensation will be awarded to the child. As child injury and accident solicitors, we will be able to advise the parent or guardian of the amount of compensation for the injuries sustained to the child in respect of the accident. As a general guide please click on the Accident Injury Dummy which is provided on our main web site – CLICK COMPENSATION GUIDE HERE – www.hutcheonlaw.co.uk
For more information on road traffic accidents and child injury accident solicitors CLICK ROAD ACCIDENT HERE
Settlement of Child Injury Compensation
Once the case is settled and the case in won, the compensation will be payable until the child reaches the age of 18 years which is the age when the law determines that a child can act for himself/herself without the need for a parent or guardian. Up until the time the child who has been injured on the trampoline reaches 18 years of age the child must always act through a parent or guardian. If the child needs money for education, welfare or benefit before reaching 18 years, the child’s accident injury solicitors will request from the court a payment out of the compensation fund on account.
The compensation payment to the child following an accident claim will be invested on the child’s behalf at the Court Funds Office special court bank account which gains interest and is invested on behalf of the child until the child reaches the age of 18 years of age.
It is important once the case has been finalised that the parents and the child keep a note of the court case number and the address of the court. If the family move address they should also remember to let the court know of the new address so that the court will be able to keep track of the family and remind the child when he or she reaches the age of 18 years that the compensation plus interest will be paid so that the final compensation claim for the injured child victim will finally come to an end.
Our web site has several ways to contact us
Please click here to MAKE A CLAIM or CONTACT US
Regulated By The Solicitors Regulation Authority
Child accident claim and injury solicitors
