Child injury solicitors often deal with accidents to a child or children who suffer injury. As a parent of an injured child you can be assured of FREE LEGAL ADVCE. There can be important legal issues if a child is classed as a trespasser when they are on land where they do not have permission to occupy from the owner. Despite the fact that the child may be on “private property” does not preclude the child from making a claim for an accident or injury.
For other injury accident and injury types please see our Child Accident Help Page
Therefore if a child on private land reaches out to pick some berries and eats them only to be found that they are poisonous the, land owner may be liable as this could be classed as an “allurement” to children to which owners of land must be aware. The fact that the land owner puts up a notice to warn people that the berries are poisonous may be a defence to adults but not to children who may not be able to understand or read the notice. Land owners must to more to prevent accidents to children.
In fact the law says that land and property owners are under a duty in law to ensure that everyone who is a visitor to their premises are safe and must be prepared for children to be less careful than adults.
The main legislation is contained in the Occupiers Liability Act 1957 and 1984 which governs the law relating to owner/occupiers of property and land for residential and commercial premises.
The law tends to be hostile to adult trespasses but looks more favourably towards children trespasses as they are often less risk adverse and unaware of the full extent of the dangers. Further the younger the child trespasser the greater the chance that the child would succeed in a claim for accident compensation for any injury.
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.
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