This child injury at school accident claim example would be against the local school or Council owned School (Education Authority) had caused the child’s accident causing injury in a playground. The accident was caused when a child’s face was cut lacerated when a piece of a wire fence defected causing personal injury to the infant child. Solicitors would make a claim against the school or Council responsible for the School by way of a letter of claim setting out the accident particulars, the time of the accident, what happened, if there were any witnesses and set out full details of why the solicitors and the litigation friend on behalf of the infant child the owners was to blame for the accident and the personal injuries sustained bothphysical and emotional.
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Disclosure of Documents In The Letter of Claim
Unless liability is admitted in full solicitors for the infant child will expect the school or council or owners to disclose all relevant documents in accordance with a Court Protocol which exists in personal injuries claims. 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:-
School Accident book entry of the accident in question.
The child accident Solicitor would require details entered in the accident book.
- Risk assessments in respect of the claim made and defect alleged
- Maintenance schedules of the fence in question and details of any repairs undertaken
- Details of health and safety training of staff and employees of the defendant received before the accident occurred
- Design drawings and architect plans and advice
- Any other document or documents that the solicitor acting for the child considers relevant to the issues of the claim.
- Details of similar accidents pre dating the child’s accident by a period of 12 months.
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 –
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.
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Child accident and injury solicitors