Archive for the ‘Calculation of Injuries’ Category

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Child Whiplash £2,200

21/07/2009

Child Whiplash Claim Example

Child whiplash, minor head injury, back and shoulder injury £2,200

A child was injured when a car pulled out of a side road onto a major road hitting the child’s vehicle that the child was travelling in from the side.  The child’s head made an immediate impact with the car’s window causing a minor head injury.

The father and litigation friend instructed specialist child head injury and accident solicitors to make a claim for compensation.

The child also suffered from neck pain.  The pain radiated down to the child’s right shoulder and low back.  The child made a complete recovery within about 11 months from the date of the accident.

The child immediately from the accident was shaken, shocked and suffered from some minor dizzy spells.  These all resolved within a few days from the accident however.

At the infant approval hearing at court the Judge awarded the child the sum of  £2200 for the head injury, neck, shoulder and lower back pain.

The father also received whiplash compensation for £2,100 for the whiplash claim where he made a full recovery within 10 months.  The settlement by his solicitors was made out of court with the other driver’s solicitors.  The case was being dealt with on a no win no fee basis.  The father and litigation friend recovered compensation for loss of earnings (off work 4 days), cost of repairs to vehicle, car hire recovered his insurance excess.

See also No Win No Fee child head injury solicitor

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Child Minor Head Injury £1800

21/07/2009

Child Accident Claim Example

 

Whiplash injury to child’s neck, minor head injury, headaches, travel anxiety £1,800

Child accident solicitors represented an injured child who was travelling as a passenger in a car.  At the time of the accident the child was 14 years old.  The child was a back seat passenger wearing a seat belt.

As a result of the car being hit from behind by another vehicle the child and her mother who was driving the car were thrown forward and backwards as a result of the force of the impact.

The child through her mother and litigation friend instructed accident and head injury specialist solicitors.  Following an expert medical report, the opinion was that the child would recover within a period of 6 – 8 weeks.  The child was nervous in travelling a car 4 weeks.  The child also sustained a minor head injury but there were no permanent injury.  There was a minor complaint of headaches for 1 week.

The head injury and accident solicitors agreed with the other driver’s insurance company and their solicitors would pay to the child for the head injuries and whiplash claim the sum of  £1800.  The amount was approved at the child infant approval hearing.

The child’s mother also sustained whiplash injuries and recovered within a period of 3 months and recovered the sum of £1600 for her whiplash.  She also recovered the repairs to her vehicle, loss of earnings for one week and car hire for two weeks.

Solicitors dealt with the claim on a NO WIN NO FEE basis

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Head Injuries Headaches £1,800

20/07/2009

Typical Child injury Claim Example:

Child head injury with associated headaches, back injury and leg pain.  Road traffic accident. Child’s solicitors aged 11 years obtained £1800.

In a road traffic accident a child passenger suffered injury when the car the child was travelling in was injured.  The child’s main injury was to the child’s head and frontal headaches.

Initially following the head injury the child’s headaches and leg injury recovered in about 2-3 weeks.  For a further several weeks the child began to make significant recovery from sleep disturbance and the back pain.

The medical evidence presented on behalf of the child was such that full recovery would be made in about 7-9 months.  The child accident solicitors obtained £2000 for the child’s injuries.

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Child Ankle Injury £7,000

20/07/2009

Typical Child injury Claim Example:

Accident to child, fracture to ankle due to falling accident aged 12 years solicitors obtained £7,000 compensation

Injury to a child who caught his foot in a hole on the public highway.   The child was 12 at the time of the accident.  The child suffered from a fracture to his ankle and wore a below the knee plaster for six weeks.

The metal work following surgery was removed from the ankle about a year following the accident.  There were no long lasting problems but there was some permanent scarring tissue some 2.5 inches long.

The child was expected to make a full recovery in within about 2 years.

Solicitors at the infant approval hearing obtain compensation for the child’s injuries in the sum of £7,000

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Head Injury – £3,000

20/07/2009

Typical Child injury Claim Example:

Child accident injury solicitors obtained £3,000 compensation for a mild head injury, headaches and neck pain (whiplash type injury).

A child sustained personal injury at the age of 14 years was knocked of his bike in a road traffic accident and suffered from concussion head injury.  The injuries to the child can be listed as follows:

  • Mild concussion head injury
  • Headaches – several days
  • Bruising and abrasions 3 weeks.
  • Bruising to leg 4 weeks
  • Whiplash type neck pain 4 weeks

There was no long lasting pain and suffering to the child following the accident.  The child accident solicitor recovered £3000 for the injuries.

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Child Injury Accident Solicitor Claims Upper Limb – Arms, Elbows, Wrists, Fingers

20/06/2009

Assessment of Compensation Awards For Child Injuries

The following is only a guide line to give parents and idea of how much compensation for arms, elbows, wrists, fingers   injury to the body could be awarded to a child who suffers personal injury following an accident or injury.  The child or children who are injured in an accident will be sent by a solicitor to be medically examined.  Once the doctor has examined the child or children a written medical report will be sent to the solicitor and 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.

NO SOLICITORS COSTS TO PAY WIN OR LOSE

As child injury and accident claim solicitors, we operate on a NO WIN NO FEE basis win or lose.  The child or children will not pay anything out of their compensation payment claim.  No Hidden Charges, no credit agreements to pay.  Quite simply 100% Compensation 0% Solicitor injury costs Win or Lose.

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

Upper Limb Child Injuy Awards

Upper Limbs
Loss of Both Arms   – child injuries accident £120,000 £150,000
Loss of One Arm    – child injury accident £70,000 £90,000
Severe damage short of amputation   – child injuries accident £47,500 £65,000
Severe fractures one/both arms, permanent injury £20,000 £47,500
Less Severe with substantial recovery    – child injuries accident £9,500 £20,000
Simple fractures with complete recovery   – child injury accident £3,000 £9,500
Elbow Injuries
Severe with major loss of function   – child injuries accident £20,000 £28,000
Moderate, with some permanent loss of function    – child injury accident £8,000 £16,000
Simple fractures, lacerations with full recovery    – child injuries accident £1,000 £8,000
Wrist Injuries
Severe with complete loss of function   – child injuries accident £24,000 £30,000
With significant permanent disability    – child injury accident £12,500 £24,000
With some permanent disability, pain, stiffness    – child injuries accident £6,500 £12,500
With recovery complete    – child injury accident £3,000 £6,500
Colles’ fracture    – child injuries accident £2,500 £3,750
Hand Injuries
Total or Effective Loss of Both Hands    – child injuries accident £70,000 £100,000
Serious Damage to Both Hands    – child injury accident £27,500 £42,500
Total or Effective Loss of One Hand    – child injuries accident £47,500 £55,000
Amputation of Index, Middle and/or Ring Fingers     – child injury accident £31,000 £45,000
Severe Fractures to Fingers    – child injuries accident £12,000 £18,500
Total Loss of Thumb    – child injury accident £18,000 £28,000
Total Loss of Index Finger     – child injuries accident £7,000 £9,750
Partial Loss of Index Finger   – child injury accident £6,000 £9,000
Moderate thumb injuries    – child injuries accident £4,750 £6,250
Total Loss of Middle Finger   – child injury accident £6,000 £8,000
Fracture of Index Finger    – child injuries accident £4,750 £6,000
Amputation of Little Finger   – child injury accident £4,500 £6,000
Severe dislocation of Thumb    – child injuries accident £ 2,000 £3,250
Fracture of One Finger    – child injury accident £1,000 £2,000

OTHER CHILD INJURIES

CLICK HERE for Child Injuries to Head and Facial Injuries

CLICK HERE for Child Injuries to Back, Neck, Body & Internal Organs

CLICK HERE for Child Injuries to Upper Limbs – Arms, hands, fingers

CLICK HERE for Child Injuries to Lower Limbs – Legs, knees, ankles, feet, foot, toes

CONTACT US

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

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Child Injuries Lower Limbs

20/06/2009

Assessment of Compensation Awards For Child Injuries

The following is only a guide line to give parents and idea of how much compensation for legs, kness, ankles, toe  injury to the body could be awarded to a child who suffers personal injury following an accident or injury.  The child or children who are injured in an accident will be sent by a solicitor to be medically examined.  Once the doctor has examined the child or children a written medical report will be sent to the solicitor and 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.

NO SOLICITORS COSTS TO PAY WIN OR LOSE

As child injury and accident claim solicitors, we operate on a NO WIN NO FEE basis win or lose.  The child or children will not pay anything out of their compensation payment claim.  No Hidden Charges, no credit agreements to pay.  Quite simply 100% Compensation 0% Solicitor injury costs Win or Lose.

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

Lower Body Awards

Injuries Involving Paralysis
Quadriplegia   – child injury accident £160,000 £200,000
Paraplegia   – child injuries accident £110,000 £140,000
Impotence
Total in young males    – child injury accident £50,000 £75,000
Middle aged males with children   – child injuries accident £21,500 £40,000
Sterility
Most severe cases (younger claimants)    – child injury accident £50,000 £70,000
Moderate   – child injuries accident £20,000 £50,000
Minor to moderate(much older males)    – child injury accident £1,000 £20,000
Pelvis and Hip Injuries
Severe    – child injuries accident £40,000 £65,000
Moderate (dislocations/impotence)    – child injury accident £31,000 £40,000
With leg instability, hip replacement  – child injuries accident £20,000 £26,000
With some permanent disability    – child injury accident £13,500 £20,000
Minor to moderate    – child injuries accident £1,000 £13,500
Leg Injuries
Total Loss of Both Legs   – child injury accident £120,000 £140,000
Below-knee Amputation of Both Legs   – child injury accident £100,000 £135,000
Above-knee Amputation of One Leg    – child injuries accident £47,500 £70,000
The Most Serious Injuries short of Amputation   – child injury accident £47,500 £68,000
Serious leg injuries    – child injuries accident £20,000 £47,500
With multiple fractures, limited movements    – child injury accident £14,000 £20,000
Fractures with incomplete recovery    – child injuries accident £9,000 £14,000
Simple fractures   – child injury accident £3,000 £7,000
Knee Injuries
Severe, with disruption of the joint    – child injury accident £35,000 £47,500
Moderate, permanent injury    – child injuries accident £26,000 £36,000
With some instability or deformity   – child injury accident £13,500 £21,500
With dislocation, torn cartilage, wasting    – child injuries accident £7,500 £13,500
Minor injuries    – child injury accident £1,000 £7,500
Ankle Injuries
Severe with deformity and degeneration    – child injury accident £25,000 £35,000
Moderate with some instability    – child injuries accident £16,000 £25,000
With ligamentous tears, metal work, scarring   – child injury accident £6,500 £13,500
Minor undisplaced fractures, some scarring   – child injuries accident £1,000 £6,500
Achilles Tendon
Severe with restriction of movement    – child injury accident £18,500 £20,000
Serious with some limitation of movement £12,500 £15,500
Moderate with no significant disability    – child injury accident £7,500 £9,000
Minor soft tissue   – child injuries accident £1,000 £5,000
Foot Injuries
Amputation of Both Feet    – child injury accident £85,000 £100,000
Amputation of One Foot   – child injuries accident £42,000 £55,000
Severe with permanent disability    – child injury accident £42,000 £55,000
Severe with substantial restriction on mobility £23,000 £34,000
Serious with multiple operations   – child injury accident £12,500 £20,000
With displaced fractures some deformity   – child injuries accident £6,750 £12,500
Simple fractures, puncture wounds   – child injury accident £3,000 £ 6,750
Toe Injuries
Amputation of All Toes    – child injury accident £18,500 £28,250
Amputation of the Great Toe   – child injuries accident £14,000 £15,000
Crush injury just short of amputation   – child injury accident £6,750 £14,000
Moderate toe fractures   – child injuries accident £1,000 £6,750
Maximise Your Compensation: All our child injury clients who have won their claim have had no deductions from their compensation.  You will receive 100% of your compensation win or lose!

OTHER CHILD INJURIES

CLICK HERE for Child Injuries to Head and Facial Injuries

CLICK HERE for Child Injuries to Back, Neck, Body & Internal Organs

CLICK HERE for Child Injuries to Upper Limbs – Arms, hands, fingers

CLICK HERE for Child Injuries to Lower Limbs – Legs, knees, ankles, feet, foot, toes

CONTACT US

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

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Child Injury Back, Neck, Body Compensation

20/06/2009

Assessment of Compensation Awards For Child Injuries

The following is only a guide line to give parents and idea of how much compensation for whiplash, neck, back or injury to the body could be awarded to a child who suffers personal injury following an accident or injury.  The child or children who are injured in an accident will be sent by a solicitor to be medically examined.  Once the doctor has examined the child or children a written medical report will be sent to the solicitor and 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.

NO SOLICITORS COSTS TO PAY WIN OR LOSE

As child injury and accident claim solicitors, we operate on a NO WIN NO FEE basis win or lose.  The child or children will not pay anything out of their compensation payment claim.  No Hidden Charges, no credit agreements to pay.  Quite simply 100% Compensation 0% Solicitor injury costs Win or Lose.

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

Body, Back & Neck Awards

Injuries Involving Paralysis
Quadriplegia   – child injury accident £160,000 £200,000
Paraplegia    – child injuries accident £110,000 £140,000
Neck Injuries
Severe (incomplete paraplegia)    – child injury accident £50,000 £75,000
Moderate to severe with permanent damage    – child injuries accident £33,000 £50,000
Moderate to severe damage to soft tissues/tendons   – child injury accident £18,000 £33,000
Fractures and dislocations, limitation of movement    – child injuries accident £12,500 £18,000
Whiplash, disc lesion need for surgery    – child injury accident £7,000 £12,500
Whiplash, complete recovery within a few years    – child injuries accident £3,750 £7,000
Whiplash recover within one to two years    – child injury accident £1,800 £3,750
Whiplash recover within one year   – child injuries accident £1,000 £1,800
Back Injuries
Severe, not involving paralysis   – child injury accident £50,000 £85,000
With bladder/bowel impairment etc    – child injuries accident £30,000 £50,000
With disc lesions, depression &  severe pain    – child injury accident £20,000 £30,000
With crush vertebrae, osteoarthritis, pain    – child injuries accident £10,000 £20,000
With prolapsed discs, laminectomy, some pain    – child injury accident £6,000 £10,000
With sprains, strains, full recovery expected.    – child injuries accident £1,000 £6,000
Shoulder Injuries
Serious, dislocations, permanent weakness    – child injury accident £6,000 £10,000
Moderate, with some limitation/discomfort   – child injuries accident £4,000 £6,000
Minor, recovery with a year   – child injury accident £1.000 £4,000
Fracture of the Clavicle    – child injuries accident £2,500 £6,000
Chest Injuries
Loss or removal of one lung   – child injury accident £50,000 £75,000
Traumatic injury with permanent damage    – child injuries accident £33,000 £50,000
Damage causing some continuing disability   – child injury accident £16,000 £27,000
Minor to moderate injuries    – child injuries accident £1,000 £27,000
Fracture of ribs with full recovery    – child injury accident £1,000 £2,000
Lung Disease (Including Asbestos claims)
Causing serious disability and premature death    – child injury accident £50,000 £65,000
Mesothelioma, lung cancer or asbestosis     – child injuries accident £40,000 £50,000
Causing quite severe impairment    – child injury accident £27,500 £40,000
Breathing difficulties, use of inhaler    – child injuries accident £16,000 £27,500
Pleural plaques with no serious symptoms    – child injury accident £10,500 £16,500
Pleural Plaques (provisional damages)   – child injuries accident £5,500 £10,000
Asthma
Severe and permanent    – child injury accident £21,500 £33,000
Chronic, requiring frequent use of inhaler   – child injuries accident £13,000 £21,500
Restrictive function, affecting work    – child injury accident £5,000 £13,000
Mild, recovery within a few months     – child injuries accident £1,000 £5,000
Digestive System
Severe damage, continuing pain and discomfort.    – child injury accident £21,500 £31,000
Moderate, aggravated by physical strain    – child injuries accident £8,500 £14,000
Minor to moderate    – child injury accident £1,000 £8,500
Reproductive System: Female
Infertility (young)    – child injury accident £57,500 £85,000
Infertility with children    – child injuries accident £9,000 £20,000
Failed sterilisation    – child injury accident £1,000 £5,000
Kidney
Serious impairment to both kidneys    – child injuries accident £85,000 £105,000
Total loss of natural kidney function   – child injury accident £20,000 £32,500
Loss of one kidney    – child injuries accident £15,500 £21,500
Bowels
Total loss of natural function    – child injury accident £50,000 £75,000
Moderate to severe loss of function   – child injuries accident £22,000 £50,000
Minor to moderate   – child injury accident    – child injuries accident £1,000 £22,000
Bladder
Total loss of natural function and control    – child injuries accident £50,000 £70,000
Moderate to severe loss of function   – child injury accident £32,000 £40,000
Minor to moderate    – child injuries accident £1,000 £32,000
Spleen
Total loss with risk of infection/disorders    – child injury accident £10,500 £13,250
Moderate with minimal risk of infection   – child injuries accident £2,100 £4,250
Minor to moderate    – child injury accident £1,000 £2,100
Hernia
Severe Continuing Pain, limitation of movement    – child injuries accident £7,500 £12,000
Moderate to severe    – child injury accident £3,500 £4,500
Minor to moderate   – child injuries accident £1,000 £3,500

Maximise Your Compensation: All our child injury clients who have won their claim have had no deductions from their compensation.  You will receive 100% of your compensation win or lose!

The above compensation child or children  injury are guides only assessed by Hutcheon solicitors over a period of many years by the courts and out of court settlements.  Every case is individual and will be assesed on that basis.  It is important to note that the compensation injuy awards are only part of what can be claimed.  Children and their Parents can claim a great deal more such as loss of earnings, care charges, car hire, loss of bonus, repair charges, damage to clothing, travel expenses and much more.

OTHER CHILD INJURIES

CLICK HERE for Child Injuries to Head and Facial Injuries

CLICK HERE for Child Injuries to Back, Neck, Body & Internal Organs

CLICK HERE for Child Injuries to Upper Limbs – Arms, hands, fingers

CLICK HERE for Child Injuries to Lower Limbs – Legs, knees, ankles, feet, foot, toes

CONTACT US

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

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Child Head & Facial Injuries

20/06/2009

Assessment of Compensation Awards For Child Injuries

The following is only a guide line to give parents and idea of how much compensation could be awarded ito a child who suffers personal injury following an accident or injury.  The child or children who are injured in an accident will be sent by a solicitor to be medically examined.  Once the doctor has examined the child or children a written medical report will be sent to the solicitor and 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.

NO SOLICITORS COSTS TO PAY WIN OR LOSE

As child injury and accident claim solicitors, we operate on a NO WIN NO FEE basis win or lose.  The child or children will not pay anything out of their compensation payment claim.  No Hidden Charges, no credit agreements to pay.  Quite simply 100% Compensation 0% Solicitor injury costs Win or Lose.

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

Head and Facial Injury

Eye Injuries
Total Blindness and Deafness – child injuries and accident

To

£200,000

Total Blindness   – child injury accident

To

£135,000

Total Loss of One Eye   child injuries and accident

£28,000

£33,000

Serious loss of vision in one eye    – child injury accident

£12,000

£20,000

Minor to some permanent impairment    child injuries and accident

£2,000

£10,250

Deafness
Total Deafness and Loss of Speech   child injuries and accident

£55,000

£70,000

Total Deafness    – child injury accident

£45,000

£55,000

Total Loss of Hearing in One Ear   child injuries and accident

£16,000

£23,000

Severe deafness/tinnitus    – child injury accident

£15,000

£23,000

Moderate deafness/tinnitus   child injuries and accident

£7,500

£15,000

Some hearing loss/tinnitus   – child injury accident

£6,250

£7,500

Slight hearing loss/slight tinnitus    child injuries and accident

£3,750

£6,250

Impairment of Taste and Smell
Total Loss of smell/taste    child injuries and accident

£15,000

£20,000

Loss of Smell    – child injury accident

£12,500

£16,500

Loss of Taste    child injuries and accident

£9,500

£12,500

Facial Injuries
Fractures of Frontal Facial Bones   child injuries and accident

£12,000

£18,500

Multiple Fractures of Facial Bones   child injuries and accident

£7,500

£12,000

Fracture of Nose
Fracture of nose (serious)   – child injuries and accident

£5,500

£9,000

Fracture of nose (displaced)   – child injury accident

£2,000

£2,500

Fracture of nose (minor)   – child injuries and accident

£1,000

£2,000

Fractures of Cheekbones
Serious requiring surgery, disfigurement    – child injuries and accident

£5,000

£8,000

Moderate – simple fractures   – child injury accident

£2,000

£5,000

Minor fractures   – child injuries and accident

£1,000

£2,000

Fractures of Jaws
Serious requiring surgery, arthritis, pain    – child injuries and accident

£15,000

£23,000

Moderate – simple fractures    – child injury accident

£9,000

£15,000

Minor fractures    – child injuries and accident

£1,000

£9,000

Damage to Teeth
Loss/Damage to several front teeth     – child injuries and accident

£4,500

£5,500

Loss two front teeth   – child injury accident

£2,500

£3,500

Loss of one front tooth    – child injuries and accident

£1,000

£2,100

Facial Disfigurement
Very Severe Facial Scarring (young female)    – child injuries and accident

£24,000

£48,000

Very Severe Facial Scarring (young male)   – child injury accident

£15,000

£33,000

Moderate scarring (female)    – child injuries and accident

£15,000

£24,000

Moderate scarring (Male)   – child injury accident

£9,000

£15,000

Minor (female/male)    – child injuries and accident

£1,000

£15,000

Damage to Hair
Serious, regrowth of hair is poor/slow    – child injuries and accident

£3,500

£5,500

Moderate damage   – child injury accident

Minor    – child injuries and accident

£2,000

£3.500

Minor    – child injuries and accident

£1,000

£2,000

Maximise Your Compensation: All our child injury clients who have won their claim have had no deductions from their compensation.  You will receive 100% of your compensation win or lose!

The above compensation child or children  injury are guides only assessed by Hutcheon solicitors over a period of many years by the courts and out of court settlements.  Every case is individual and will be assesed on that basis.  It is important to note that the compensation injuy awards are only part of what can be claimed.  Children and their Parents can claim a great deal more such as loss of earnings, care charges, car hire, loss of bonus, repair charges, damage to clothing, travel expenses and much more.

OTHER CHILD INJURIES

CLICK HERE for Child Injuries to Head and Facial Injuries

CLICK HERE for Child Injuries to Back, Neck, Body & Internal Organs

CLICK HERE for Child Injuries to Upper Limbs – Arms, hands, fingers

CLICK HERE for Child Injuries to Lower Limbs – Legs, knees, ankles, feet, foot, toes

CONTACT US

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

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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.

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