Archive for the ‘Trampoline Injury’ Category

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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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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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Trampoline Statistics

17/06/2009

The Royal Society for the Prevention of Accidents (RoSPA) show 11,500 hospital admissions a year after trampoline accidents. Some 80% of the injuries are caused by more than one person bouncing at the same time.  The increase is said to be due to a boom in trampoline purchases by parents for their children.  However the accidents and injuries are not confined to children.  Drunken adults will also “have a go” and cause harm or injury to themselves or to a child or children on the trampoline.  Accidents on trampolines at home had increased almost fourfold in the same time, with 4,200 under-15s being hurt in 2002. The growing popularity of the sport also saw injuries rise to 6,700 in places such as sports halls and gymnasia, but at nowhere near the same rate as those at home.

The statistics show that 75% of injuries occur when more than one person is on the trampoline and children under six years old particularly vulnerable to an accidental injury on a trampoline.  

Mr Ronnie Hutcheon principal solicitor in the firm of R James Hutcheon Solicitors advisors “that whilst trampolining fun for people of all ages, parents must be fully aware of the risk to their children.  It certainly appears that the risk of injury would be significantly reduce to a child if there is no more than one child on the trampoline at a time…It will also reduce the risk of being sued should a child be injured on a trampoline if there several children and or adults on the trampoline at anyone time.”

What to Do following A Child Trampoline Accidental Injury

If a child has suffered injury  due to a trampolining accident they must obtain immediate advice from a doctor at hospital or attending their GP.  The type medical treatment following a trampoline injury will depend upon the severity of the injury. Sprains and broken limbs or legs, the child should be transported by ambulance or car to a local hospital.  Serious child injuries due to an accident, involving the head, neck or spine, the child should not be moved until ambulance has arrived. Once the injuries have been expertly treated by a doctor the next stage is to seek legal advice from a solicitor if the trampoline accident causing injury to a child was caused by someone else due to a lack of supervision by an adult, an accident at school or faulty trampoline.

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 a trampoline 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 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

 

 

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Trampoline – children accident & Injuries

17/06/2009

There has been a recent upsurge of trampoline child injury accidents due to the popularity of home based garden trampolines.  As child injury accident solicitors it is important that parents are aware of the dangers to children when using a trampoline. Parents have been brought into the idea that they are safe with the guard or netting preventing children or adults from falling off the trampoline to the floor causing injury.  Many trampoline child accidents are caused by unsupervised children jumping on the trampoline at one.  The accident and injury to a child or the children playing and jumping on the trampoline can be made that much worse if on child or a group of children are much larger or taller than their friends.  The additional weight can cause much more severe injuries to a child or children if the fall and land onto their smaller friends.

As child injury accident solicitors are advice is quite simple.  The rule is only one child at a time on the trampoline.  All child jumpers must be carefully supervised by their parents at all times.  It is only once they are competence and experienced that a child can be left to use the trampoline, but as in any parent child relationship, parents know best about their child and whether they can trust leaving them to their own devises.  Children will be children, and they will no doubt attempt stunts which can be dangerous.  There will be an element of horseplay if children are left unsupervised.  A trampoline must be regularly inspected to ensure everything is safe and sound and that the trampoline is on a firm footing and base. Child injury and trampoline accidents can be very serious causing neck and spinal cord injuries to lesser injuries like scrapes, bruises and sprains.

Parent must be very wary about the risk of trampoline child accident injuries at all time.  Often trampoline accidents causing injuries to a child can be caused simply by a neighbour who has a trampoline in their garden lets children of all ages and experience lets them all on the trampoline at once.  Should a child or children on the trampoline sustain an injury as a result of the unsupervised activity on a trampoline may be sued for damages for compensation.  Child injuries and accident solicitors will take instructions from the parents and the child who may sustain anything from minor to serious injuries in order to see if the supervising adult was negligent.  It is therefore very important not only for parents to be aware of the dangers of a trampoline accident to their child but also, if they let other children onto the trampoline unsupervised where a child or children are hurt, they could also be sued in negligence by solicitors acting for the injured child.

A Trampoline Accident at School

As child injury accident solicitors we are taking accident against a school in respect of a trampoline accident to a child who sustained very serious injury.  Whilst the child was reasonably experienced, the child was required to do a somersault for the first time. As the child attempted to do the required manoeuvre she fell awkwardly causing injuries.  There was only one trained teacher at the time who was otherwise engaged with a group of other children.  The child’s solicitors consider that the school/local council was ultimately responsible for the accident due to the fact that the teacher ought to have spotters to help reduce or eliminate the risk of harm or personal injuries to the child at the school trampoline lesson.

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

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