Archive for the ‘Accidents In Shops’ Category

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Child Injury – £1200 – Burns To Hand

23/12/2009

Child accident claim solicitors and injury compensation claim example:

A child accident claim, solicitors acted for a young child, burnt her hand in a hair salon. A compensation claim by child accident claim solicitors, obtained £1200. Injuries sustained minor burns to the hand.

Child accident claim solicitors  and injury compensation claim was made when an 11 year old girl burnt her hand by hair salon straightners left by hairdresser unattended.  The injured child picked up the extremely hot straightners causing burns to her left hand. The injured child was in severe pain and was taken to accident and emergency hospital burns unit.

The consultant explained to the injured child and her mother that she has suffered from minor burns. The consultant prescribed the injured child with a soothing burn gel to treat the burn and applied a clean loose dressing to her hand whilst it heals.
The injured child suffered severe pain for a few days that left her in distress but fully recovered within 2 weeks after the accident. 

Child accident claim solicitors and injury compensation claim was made and obtained £1200 for the burn injury.  The child’s mother (known as the litigation friend) also received compensation for expenses and loss of earnings
Infant Approval & No Win No Fee

The child accident claim solicitors acted on a NO WIN NO FEE agreement and recovered all legal costs off the insurance company. The infant child received 100% compensation and 0% legal costs which was approved by the Court. 
Note that that mother who instructed the child accident claim solicitors is known as a litigation friend.  For further details see http://childinjuries.co.uk/litigation-friend/

The compensation payment to the infant child was approved by the Court and the compensation to be invested on behalf of the infant child until the child reaches the age of 18 years.  At that age the child then in law reaches majority and is able to obtain the compensation from the court with interest that has accumulated since the money was in court.

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Child Injury – £5000 – Laceration To Thigh

16/12/2009

Child accident and injury compensation claim example:

Child accident solicitors made a claim on behalf of a young girl who suffered injury in a supermarket when her thigh struck a protruding metal strip. A compensation claim was made by child accident solicitors who obtained £5000. Injuries sustained a laceration to thigh and scarring.

A child accident and injury claim was made when a 7 year old girl was shopping with her mother in her local supermarket. As the child was ahead of her mother she ran into a metal strip that protruding out of a shelving unit. She fell to the floor in a great deal of pain. Her mother came to assistance and found a deep cut to her thigh. There was a lot of blood coming from the wound.

On admission to hospital the wound was cleaned, stitches and dressing was applied. The child was in a lot of pain for a week after the accident. The pain reduced with the passage of time but persisted until 15 months following the accident.

The child also suffered from sleep disturbance and mood swings. She also began to wet the bed for a period of 2 months.  There was scarring tissue to her thigh which, whilst permanent would hardly be noticeable. A minor cosmetic blemish.

The supermarket admitted blame for the accident. The child accident solicitors pursued a compensation claim and obtained £5000 for the injuries. The child’s mother (known as the litigation friend) also received compensation for expenses and loss of earnings.

The child accident and injury solicitors acted on a NO WIN NO FEE agreement and recovered all legal costs off the insurance company. The infant child received 100% compensation and 0% legal costs which was approved by the Court.

Note that that mother who instructed the child compensation injury solicitors is known as a litigation friend. The compensation payment to the infant child was approved by the Court and the compensation to be invested on behalf of the infant child until the child reaches the age of 18 years.  At that age the child then in law reaches majority and is able to obtain the compensation from the court with interest that has accumulated since the money was in court.

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Child Injury – £5600 – Scarring To Forehead

01/12/2009

Child accident and injury compensation claim example:

A child accident compensation and injury claim was made when a glass jar fell onto a young boy whilst in a supermarket with his parents. A compensation claim by accident solicitors who acted on behalf of the injured child obtained £5600 for a scarring injury to the child’s forehead.

A child accident and injury compensation claim was made a glass jar fell from a supermarket shelf and struck the infant child’s forehead.  The glass jar was stored onto a defective shelf which became unstable when the child’s mother picked up another glass jar on the same shelf.

The jar fell of the shelf and struck the child causing personal injury.  The injured child was complaining that his head was sore and felt dizzy. A cut to his forehead appeared followed by blood that was running into the infant’s eye causing further pain, discomfort and stress to the child.

The supermarket called an ambulance and reported the child’s accident in the accident book.The injured child’s parents took him to accident and emergency hospital for a consultant to check the head injury.

The consultant explained that there was a swelling and the cut will result in a minor scar to his head that that will be permanent. The injured child received consistent headaches and was absent from school for 2 weeks

Blame for the child’s accident was admitted by the supermarket’s insurers.  The plastic surgeon instructed by the child’s accident compensation solicitors advised the scarring tissue to his forehead would be minor that his hair was likely to cover the scar.  However this would not be the case if he had short hair.  The scarring tissue which was a thin line measuring about 1 inch long was permanent.  The child accident solicitors obtained £5600 in compensation.

Note that that mother who instructed the child compensation injury solicitors is known as a litigation friend.  The compensation payment to the infant child was approved by the Court and the compensation to be invested on behalf of the infant child until the child reaches the age of 18 years.  At that age the child then in law reaches majority and is able to obtain the compensation from the court with interest that has accumulated since the money was in court.

The child accident and injury solicitors acted on a NO WIN NO FEE agreement and recovered all legal costs off the insurance company. The infant child received 100% compensation and 0% legal costs which was approved by the Court.

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Child Injury – £5000 – Fracture To Forearm

01/12/2009

Child accident and injury compensation claim example:

A child accident and injury claim was made when a 7 year old girl tripped over a shop rail in a clothes shop. A compensation claim by accident solicitors who acted on behalf of an employee obtained £5000. Injuries sustained a fracture to forearm.

A child accident and injury claim was made when a 7 year old girl tripped over a clothes rail stand. The stand was only a temporary measure and was unsuitable to be on the shop floor. The child tripped over protruding leg of the stand falling onto the floor suffering injury. The child’s accident was reported in the shop’s accident book

The injured child went to accident and emergency hospital to undergo x-rays with her mother who was with her at the time of the accident. The results showed the injured child and her parents that she has fractured forearm. The consultant advised the injured young child to take plenty of rest for the injury to heal.

The injured child was upset due to the pain and that she could not participate in sports, and play with her friends. She complained of repeated nightmares about loosing her arm resulting in mood swings and becoming tearful.

The accident was not admitted by the shop insurers. However following court proceedings taken by the child accident compensation solicitors an admission of blame was eventually conceded.

Child accident and Injury compensation solicitors obtained compensation for £5000 for the child accident. The child’s parents also received compensation for expenses and loss of earnings.

Note that that mother who instructed the child compensation injury solicitors is known as a litigation friend.  The compensation payment to the infant child was approved by the Court and the compensation to be invested on behalf of the infant child until the child reaches the age of 18 years.  At that age the child then in law reaches majority and is able to obtain the compensation from the court with interest that has accumulated since the money was in court.

The child accident and injury solicitors acted on a NO WIN NO FEE agreement and recovered all legal costs off the insurance company. The infant child received 100% compensation and 0% legal costs which was approved by the Court. 

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Child Injury – £3100 – Back Injury

01/12/2009

Child accident and injury compensation claim example:

A child accident compensation and injury claim was made when an 8 year old boy fell down shop stairs. A compensation claim by accident solicitors who acted on behalf of an employee obtained £3100. Injuries sustained soft tissue injury to his back.
 
A child accident and injury compensation claim was made when an 8 year old boy fell down some shop stairs whilst shopping with his mother. The accident was caused by a slippery floor after it had been mopped but left wet without notice of a slipping hazard. The injured child suffered from back pain and was taken straight to accident and emergency hospital.

Following X-Rays there was relief to the parents who thought the child suffered serious injury due to the amount of pain and upset caused to the child.  Whilst the child’s back caused took the brunt of the fall he only sustained soft tissue injury to his back. The consultant advised the injured child to rest his back until it was recovered.

The injured child was absent from school for 1 week. The injury stopped him playing for several weeks.  He could not play football or participate in his PE lessons which he enjoyed.  The injured child suffered from moods swings for a period of about 4 months.

Child accident and Injury compensation solicitors obtained compensation for £3100 for the child accident. The child’s mother also received compensation for expenses and loss of earnings.

The child accident and injury solicitors acted on a NO WIN NO FEE agreement and recovered all legal costs off the insurance company. The infant child received 100% compensation and 0% legal costs which was approved by the Court. 

Note that that mother who instructed the child compensation injury solicitors is known as a litigation friend.  The compensation payment to the infant child was approved by the Court and the compensation to be invested on behalf of the infant child until the child reaches the age of 18 years.  At that age the child then in law reaches majority and is able to obtain the compensation from the court with interest that has accumulated since the money was in court.

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Child Injury – £3200 – Fracture To Elbow

01/12/2009

Child accident and injury compensation claim example:

A child accident and injury compensation claim was made when an 8 year old girl slipped and fell onto a supermarket floor. A compensation claim by child accident solicitors who acted on behalf of an infant child obtained £3200. Injuries sustained a fracture to the elbow.

A child accident and injury compensation claim was made when a 8 year old girl slipped and fell onto a supermarket floor. The accident was caused by a spillage on the floor from carton of juice that had been knocked off the shelf. The injured child suffered from a fracture to the elbow.

The injured child suffered severe pain and was taken to accident and emergency hospital to get her elbow x-rayed. The x-ray results showed that the young child had fractured her elbow.

The injured child’s mother was advised by the consultant to make sure the young child rests her elbow as much as possible and avoid knocking it for the elbow to heal. The injured child was absent from school for 2.5 weeks after the child accident. She missed out on her learning and had to catch up with school once she returned.

The injured child suffered from painful fracture to the elbow, shock sleep disturbance. She made a full recovery within 9 months from the child accident injury.

The child accident and injury solicitors acted on a NO WIN NO FEE agreement and recovered all legal costs off the insurance company. The infant child received 100% compensation and 0% legal costs which was approved by the Court.
 
Note that that mother who instructed the child compensation injury solicitors is known as a litigation friend.  The compensation payment to the infant child was approved by the Court and the compensation to be invested on behalf of the infant child until the child reaches the age of 18 years.  At that age the child then in law reaches majority and is able to obtain the compensation from the court with interest that has accumulated since the money was in court.

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Child Accident Solicitors – Cut To Little Finger

15/07/2009

Child injury accident claim – Laceration to base of little finger

A school boy who was nearly 2 years of age cut the base of child’s little finger on a sharp metal strip fixed to a
bath panel.  The child attended hospital and GP for medical treatment and dressings following the accident to the
child.  The child was very distressed.  The personal injury was very painful especially when the finger was
accidentally knocked.  After about a week following the accident, the wound had healed.  The child’s sleep was
disturbed for 2 weeks.  The child was left with a v-shaped scar measuring 1cm each side.  The scar was only
noticeable very close up.

At the infant approval hearing when the child was 4 years old, the Judge reviewed the medical evidence and the
evidence submitted by the child injury and accident solicitors and awarded £1,125 for the injuries.

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Child’s Compensation Injury Claim Solicitors

20/06/2009

Child Personal Injury  Accident Claims

The claim for financial losses are usually quite easy for a solicitor to calculate on the child’s behalf.  The Child’s parents who would normally sustain the financial loss by taking time off work to look after the child etc would be advised to inform the accident claims solicitor to obtain a written letter from the child’s parent’s employer.  The other losses such as the repairs to the vehicle and car hire for instance will be simple basic math.

However this is different from the quantification of the personal injuries.  The calculation of a personal injury claim for a child or adult for that matter is not an exact science.  Following the accident the Solicitor would obtain all necessary medical records for the child including the GP and hospital.  These medical records would then be forwarded to an independent doctor who will examine the child and provide a written medical report setting out any relevant medical history of the child prior to the accident and take instructions from the child and or the parent about the accident circumstances and injuries complained of.  The doctor would then provide a full written report to the instructing solicitor about the nature and extent of the injuries to the child following the accident claim.  The doctor would also state in the report if-

  • The child’s injuries have now resolved at the time of the examination and if so, when they resolved and if that time was reasonable having regard to the accident circumstances complained of
  • The child’s injuries will be resolved following the examination, and if so when it is expected the child would recover from the accident.  A prognosis would be expected by the solicitor from the doctor as to when (i.e. a date in the future) the child is expected to fully recover from the injuries.
  • The child’s injuries are permanent.  If that is the claim then the solicitor would expect the medical doctor to set out fully the extent and nature of the injury and how in both physically and mentally the child’s quality of life will be affected by the injuries suffered in the accident.
  • The child’s injuries are so severe to require further medical experts from different disciplines to advise upon the full extent of the injuries to the child i.e. orthopaedic, urologist, accident and emergency consultant, psychologist amongst others.
  • The child’s injuries are such that the expert will wish to take a “guarded” opinion about the nature and extent of the child’s injuries and will advise the solicitor to take a “wait and see” approach.  What this means here is that the medical expert is unable to say with certainty that the child will be able to recover from the child’s injuries by a certain time interval in the future following the examination.  Therefore to provide an more informed opinion about the injury to the child, the expert will request to the solicitor that he or she would wish to see the child again in, say, a further 12 months time and examine the child once again and see how the child has recovered.  The solicitor would then request a further medical examination at a later time and obtain another supplemental report on the injuries before settling the claim.

Negotiations to Settle The Claim

Once the medical report has been sent to the solicitor from the medical expert the written report would be reviewed by solicitor and a copy will be sent to the child’s parents for approval.   Once approved the solicitor will then consider the injuries of the child as set out in the report and compare the injuries with claims decided in the courts previously where other children had sustained similar injuries.  To solicitors this is called “precedents” and the compensation that will be payable to the child for the injury will be reflected by other cases decided in the past.  The solicitor will have to be guided by the awards in earlier claim decided in court.  Once the solicitor has considered the compensation amount that is reasonable for the injuries the child has sustained then the solicitor will advise the parent (or litigation friend) of what the solicitor considers is reasonable compensation.  Once the amount is agreed then the child’s solicitor will write to the other person at fault and attempt to settle the claim without even taking court action.

To settle the claim for compensation for the child’s injuries the solicitor will often put forward the names of the precedent cases in support of the claim.  For the financial losses the solicitor would have obtained documents in support such as the repair invoices, wage loss from the child parent’s employers, mileage allowance for travel and parking etc.  These would be sent to the other solicitor representing the defendant and negotiations will take place.  If the solicitors in the claim are unable to reach an agreement to settle the claim for injury and losses then the only other way to resolve the claim would be by the child’s solicitor taking court action or through mediation.

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

Posted in Accidents In Shops, Calculation of Injuries, Can I claim?, Claims Examples, Home Page, Injury Calculations, Pedal Bike Accidents, Pedal Bike Accidents, Playground Accidents, Road Traffic Accidents, Trampoline Injury | Tagged | Leave a Comment »

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Child Fell on Fruit in Supermarket

15/06/2009

Can a child who fell on yoghurt in a supermarket claim for injury compensation?

A child injury accident due to a fall or slip in a supermarket are not uncommon.  It has been well know law for years that anyone who has slipped on any spillages on the floor in a supermarket can be entitled to compensation for the injuries sustained.  Usually such injuries are minor but many slips and falls can be serious often giving rise to fractures and dislocations.

The main issue when a child slips on some substance on a shop floor for instance water, yoghurt, fruit which has been left on the floor for some time is whether the shop or supermarket owners have a regular system of cleaning.  A robust cleaning regime where employees regularly look for spillages on the floor to avoid a tripping or slipping hazard are likely to defend a slipping claim by a child or adult who may have hurt themselves.

What constitutes blame, or in law negligence is a question of fact in each case.  The higher the standard of care in cleaning up spillages and removing obstacles the less of a chance the infant claimant will have to succeed in a claim for compensation for the injuries sustained.  However the shop or supermarket will have to prove the system of maintenance by showing diary logs of the cleaning undertaken.  If the employees can no longer be traced providing proof in support may prove difficult.

The infant child will have to prove, through the child’s parents and injury solicitors that the shop or supermarket did not have an effective and reasonable system of maintenance and it was as a direct result of this lack of duty of care that resulted in the accident.

In a well know case to all personal injury solicitors the case of Ward v Tesco Stores (1976) is always cited in slipping and tripping claims in shops and supermarkets.  In this case a customer of Tesco’s slipped on some yoghurt that had been on the supermarket floor for some time and had not been cleaned.  The Court of Appeal decided upon the case and was of the view that shops and supermarkets had a very high standard of care to their customers and it was for them to show that the injured person (or child) did not sustain injury due to their lack of care.  In the case the evidence was that:

  •  The shop/supermarket brushed the floor half a dozen times a day
  • Any staff noticing spillages was to call for its removal and that staff would remain on guard by the spillage until cleared

Notwithstanding the above the Court of Appeal said that it was not enough.  They failed to spot the spillage in time, they had enough time had they had a better cleaning system in place and at the end of the day they had not cleared up the spillage in time.  It was as a direct result of their failings that they had caused the injury.  The Claimant had won the case.

The fact that the accident happened to an adult does not matter.  In a similar situation if the accident happened to a child the child was also succeed in a claim for compensation for the injuries sustained.

Our web site provides you with several means of contacting us.

Please Click Here To Our Child Injury Contact Page

Regulated By The Solicitors Regulation Authority

 Child accident and injury solicitors

Posted in Accidents In Shops | Leave a Comment »

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Child accident Slip in Shop

15/06/2009

We are currently dealing with a accident involving a child who feel in a shop breaking the child’s arm when the child fell on the shop floor.

The accident occured when his mum was shopping for some clothes.  The fall was due to a clothes rail that was on wheels that protruded outside of the main clothes rail.   It is alleged that the rail was dangerous and caused a tripping hazard due to the design.  It is further alleged that the clothes rail should not have been used on the shop floor open to the public.  Instead the rail in the shop should have been in the store room for which it was designed. 

The injured child suffered from a broken arm.   He was taken to hospital with his mother.  The child was naturally upset and shocked by the accident.   The injured child has now made a compensation claim through us, the child accident compensation claim specialist. 

Can you help?

If your child or anyone you may know who was involved in a similar accident can you contact us as it may well help us in our case.  If you have already made a claim it would be helpful if you provide us with your solicitors details.  If you have not made a claim but you are considering claiming compensation for the injuries your child has suffered please contact us without delay.

We are always here to help.  Our advice for child injury accidents is alway free win or lose. 

Our web site provides you with several means of contacting us.

T 01928 288211

T 0871 218 1081

F 0871 218 1082

E info   @   hutcheonlaw.co.uk

(Revove spaces in the email which we have used to reduce automated spam)

Postal Address:-

R.James Hutcheon Solicitors

The Heath Business Park

The Heath

Runcorn

Cheshire

WA7 4QQ

Regulated By The Solicitors Regulation Authority

 Child accident and injury solicitors

Posted in Accidents In Shops | Tagged | Leave a Comment »

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