Archive for the ‘Claims Examples’ Category

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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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Head Injury Cut To Head £3,000

20/07/2009

Typical Child injury Claim Example:

School child was injured in a road traffic accident, cut to head, compensation solicitors for £3,000.

A child injury was sustained in a road traffic accident when the child, following impact in the car, causing minor head injury.   The child sustained a cut to the forehead causing scarring, bruising to cheek and other minor injuries.

The scarring tissue was about 5 centimetres’ long shortly after the accident but faded overtime to about 2-3 centimetres at the time of the infant approval hearing.  The scar was very faint and was likely to disappear when the child got older.    The child also suffered from travel anxiety for several months but again made a full recovery.

The solicitors acting for the child and litigation friend in respect of the head injury obtained £3000 compensation 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

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Playground Accident – Injury To Child

19/06/2009

Accident and Injury to Child At A School Playground – Solicitor Sues

The injury and child accident example claim 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.

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 or breach of statutory duty:-

  • The School or Council failed to have any or adequate regard to the safety of pupils and exposed the child to an unnecessary risk of personal injury
  • The School or Council failed to devise or enforce any or any adequate system for the inspection or maintenance of the defect and exposed the child to an unnecessary risk of personal injury which would have ensured the prevention and or detection of the said defect
  • The School or Council exposed the Child and his mother to a trap and danger thus failing to eliminate the hazard and reducing the risk of personal injury to the child in respect of the accident
  • The School or Council caused or permitted the premises to be or to become or to remain in a state which was contributed to the said hazardous and dangerous risk of an accident.
  • The School or Council failed to give the child any or any adequate or effective warning of the presence of the said defect, causing the accident and injury to the child
  • The School or Council failed to warn the child and the child’s of the danger presented
  • The School or Council negligently created a trap and or danger
  • The School or Council failed to provide any or any suitable training, instruction or warnings of the dangers enumerated above.

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:-

Accident book entry of the accident in question.

The Solicitor would require details entered in the accident book.

  1. Risk assessments in respect of the claim made and defect alleged
  2. Maintenance schedules of the fence in question and details of any repairs undertaken
  3. Details of health and safety training of staff and employees of the defendant received before the accident occurred
  4. Design drawings and architect plans and advice
  5. Any other document or documents that the solicitor acting for the child considers relevant to the issues of the claim.
  6. 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.

    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’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

    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 and injury solicitors

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    Child Accident Injury – Fell Off Slide

    18/06/2009

    Injury and Accident to Child On a Slide In A Playground – Solicitor Sues

    The injury and child accident example claim would be against the local privately owned play centre and or its occupiers that caused the child’s accident causing injury.  The accident.  In a real life example, there an accident claim using a slide at a play centre where there was a requirement to use a “hessian sack” to help slide down the slide.  At the top of the slide there was a defect relating to a piece of metal which protruded above the welded joint.  As the infant child attempted to slide down the slide, a piece of the sack caught on the raised metal on the slide.  The catching of the sack on the slide caused the infant child to fall forwards, over balanced and toppled down the slide causing personal injury. Solicitors would then advise the owners of the play centre or if it was in school or a public playground the school and or the local council, responsible for the slide 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 consider the council  and or school was to blame for the accident and the 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 of the defendant, their employee or agents in negligence or breach of statutory duty:-

    • The school, Council or Owners of the premises and slide failed to devise or enforce any or any adequate system for the inspection or maintenance of the defect which would have ensured the prevention and or detection of the fault, reducing or eliminating personal injury to the child in respect of the accident
    • The school, Council or Owners of the premises and slide – causing or permitting the premises to be or to become or to remain in a state which had contributed to the said hazardous and dangerous risk of an accident
    • The school, Council or Owners of the premises and slide, negligently or in breach of their duty to the Claimant under section 2 of the Occupiers’ Liability Act 1957 failed to provide a safe place for the child or children which would have ensured the prevention and or detection of the fault, reducing or eliminating personal injury to the child in respect of the accident
    • The school, Council or Owners created a danger and a trap to child or children using the slide in that there existed a defect in the slide giving rise to an obvious and foreseeable risk of injury to a child or children using the slide thus causing the accident
    • The school, Council or Owners failed to repair the slide in time or at all giving rise to a claim for personal injury to the child in respect of the accident
    • The school, Council or Owners failed to institute or enforce any or any adequate system of inspection or maintenance of the playground centre and or the slide whereby the defect upon the same might have been detected and the same remedied before the child’s accident.
    • The school, Council or Owners failed to undertake any adequate measures to fence or guard the slide so as to prevent the children, including the child, from using it whilst the same remained in a defective and dangerous condition.

    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 a falling accident against the Council, School or Occupiers, Owners of the area in question.

    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:-

    1. Accident book entry of the accident in question.
    2. Details of similar accidents pre dating the child’s accident by a period of 12 months.
    3. Risk assessments in respect of the claim made and defect alleged
    4. Details of health and safety training of staff and employees of the defendant received before the accident occurred.
    5. Any other document or documents that the solicitor acting for the child considers relevant to the issues of the claim

    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

    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 and injury solicitors

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    Accident Child Injury – Trampoline

    18/06/2009

    Injury and Accident to Child At A Trampoline Class After School – Solicitor Sues

    The injury and child accident example claim would be against the local school and council who will be responsible for the upkeep of the school or if privately owned its owners or occupiers that caused the child’s accident causing injury.  The accident was caused by a lack of supervision and spotters when using a trampoline which whilst at School.  The child attempted a somersault for the first time, landed awkwardly and causing personal injuries. Solicitors would then advise the local council and or School in question 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 consider the council  and or school was to blame for the accident and the 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 of the defendant, their employee or agents in negligence or breach of statutory duty:-

    • The School and or Council failed ailed to provide a safe class for children thereby causing the said accident and injury to the child.
    • The School and or Council failed to provide appropriate health and safety training to the child  thereby causing the said accident and injury to the child.
    • The School and or Council failed to supply enough teachers to attend the class to maintain safety thereby causing the said accident and injury to the child.
    • The School and or Council failed to provide any or any reasonable system of maintenance and repair of work equipment  thereby causing the said accident and injury to the childThe School and or Council failed to have any or adequate regard to the safety of our client and exposed the child claimant to an unnecessary risk of injury thereby causing the said accident and injury to the child
    • The School and or Council negligently created a trap and or danger thereby causing the said accident and injury to the child.
    • The School and or Council failed to provide any or any suitable training, instruction or warnings of the dangers enumerated above thereby causing the said accident and injury to the child.

    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 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 injury process.  Examples of documents the child’s solicitors would request would be something like the following:-

    1. Accident book entry of the accident in question.
    2. Details of similar accidents pre dating our client’s accident by a period of 12 months.
    3. Risk assessments.
    4. Written explanation as to why one teacher was supervising a class of 15 – 20 children and confirmation if this is standard practice.
    5. Written explanation as to why one teacher was supervising a class which was using 4 trampolines and written confirmation that this is standard practice.
    6. Details of health and safety training our client received before the accident occurred.

    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

    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 and injury solicitors

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    Child Accident Injury – Park Pot Hole

    18/06/2009

    Injury and Accident to Child At a Local Playground at a Park Due to a Pot Hole – Solicitor Sues

    The injury and child accident example claim would be against the local council who will be responsible for the upkeep of the Park or if privately owned its owners or occupiers that caused the child to fall to the ground causing injury.  The accident was caused by large pot hole in the tarmac area which was a designated public walk way in the park. Solicitors would then advise the local council in question 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 consider the council was to blame for the accident and the 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 of the defendant, their employee or agents in negligence or breach of statutory duty:-
    • Failing to devise or enforce any or any adequate system for the inspection or maintenance of the said pothole which would have ensured the prevention and or detection of the defect thereby reducing or eliminating personal injury to the child in respect of the accident
    • Causing or permitting the pothole to be or to become or to remain a danger and trap to persons lawfully using the same.
    • Causing or permitting the said pothole to be present on the pathway causing the accident and injury to the child
    • Failing to cause the said pothole to be repaired in time or at all, causing the accident and injury to the child
    • Failing to institute enforce any or any adequate system for the inspection of the pathways, causing the accident and injury to the child
    • Failing to give the claimant any or any adequate or effective warning of the presence of the pothole upon the floor, causing the accident and injury to the child
    • Failing to place any barrier around the pothole on the area of the pathway affected, causing the accident and injury to the child
    • In the circumstances failing to discharge the common duty of care to the Child, causing the accident and injury to the child
    • Failing to devise or enforce any or any adequate system for the inspection or maintenance of the said pothole which would have ensured the prevention and or detection of the defect thereby reducing or eliminating personal injury to the child in respect of the accident
    • Exposing the Child and his mother to a trap and danger thus failing to eliminate the hazard and reducing the risk of personal injury to the child in respect of the accident
    • Causing or permitting the premises to be or to become or to remain in a state which was contributed to the said hazardous and dangerous risk of an accident.

    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 a falling accident against the Council.

    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

    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 and injury solicitors

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    Child Injury – Supermarket Trolly Defect

    18/06/2009

    Injury and Accident to Child At a Supermarket Involving a Trolley – Solicitor Sues

    The injury and child accident example claim would be against the supermarket its owners or occupiers of in question that caused the child to fall out of the trolley to the ground causing injury.  The accident was caused by a faulty “holding strap” in the designated child seat. Solicitors would then advise the school in question 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 consider the supermarket was to blame for the accident and the 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 school their employee or agents in breach of statutory duty under the Occupiers’ Liability Act 1957 and or the Defective Premises Act etc.

    • Failing to devise or enforce any or any adequate system for the inspection or maintenance of the child seat which would have ensured the prevention and or detection of the  faulty child strap thereby reducing or eliminating personal injury to the child in respect of the accident

    • Failing to provide and maintain safe means of access to the child seat, for lawful visitors including children thereby eliminating the risk personal injury to the child in respect of the accident

    • Failing to institute or enforce any or any adequate system of inspection, testing and maintenance whereby the hazard above referred to might havebeen detected and remedied before the child’s accident eliminating the risk of personal injury to the child in respect of the accident

    • Failing to provide an alternative safe means of access and use of the child seat eliminating and or reducing personal injury to the child in respect of the accident
    • Failing to warn the child’s mother of the above hazard eliminating the risk of personal injury to the child in respect of the accident
    • Exposing the Child and his mother to a trap and danger thus failing to eliminate the hazard and reducing the risk of personal injury to the child in respect of the accident
    • Causing or permitting the premises to be or to become or to remain in a state which was contributed to the said hazardous and dangerous child seat.

    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 a falling accident at school.

    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

    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 and injury solicitors

    h1

    Child Injuries School Fall In Gym

    18/06/2009

    Child Injuries Caused By Fall At School Involving a PE Lesson Solicitors Sues

    The injury and child accident example claim would be against the school and or the owners or occupiers of the school in question that caused the fall during a PE lesson.   The accident was caused by a faulty climbing rope that had fallen from the ceiling.   Solicitors would then advise the school in question 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 consider the School was to blame for the accident and the injuries sustained both physical and emotional.

    The blame particulars that the child solicitors letter of claim would contain would look something like this:

    The child’s accident was caused by the negligence of the school their employee or agents in breach of statutory duty under the Occupiers’ Liability Act 1957 and certain other Regulations:

    • Failing to provide safe school premises and or to ensure that the school hall and physical apparatus namely the “ropes” were such that the safety of the injured child and or children was reasonably assured, contrary to the Education (School Premises) Regulations
    • Failed to provide a safe premises and safe place of schooling.
    • Causing or permitting the said ropes to be or to become or to remain in a state which was hazardous and dangerous
    • Failing to exercise any or any proper supervision or control over the child and other children.
    • Causing or permitting the Claimant to use the climbing frame without proper assistance and/or supervision and/or adequate prior instructions including all appropriate
    • warnings of the danger involved in the use of the ropes.
    • Failing to have adequate numbers of staff to supervise the class children performing different activities within the same room.
    • Failed to maintain the and inspect the ropes in question thereby eliminating the risk of injury to the child claimant.
    • Failing to appoint or provide an adult “spotter” to attend the children or child to catch or support the chid when climbing the ropes.
    • Alternatively, failing to catch or support the injured child sufficiently or at all so as to prevent the child from falling.
    • Failing to ensure that the child was capable of using the ropes in the school gym frame without risk of injury to himself.

    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 a falling accident at school.

    Child’s Accident and Injury Claim

    The letter of claim would then specify the nature of the child’s injuries such as a broken finger or thumb, fracture or cut injury etc.

    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 trampoline 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 and injury solicitors

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