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 Guide to Child Accident Claims

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Guide to Child Accident Claims Empty
PostSubject: Guide to Child Accident Claims   Guide to Child Accident Claims Empty2008-10-06, 11:27

Children, by their very nature are rather more inquisitive, energetic and less aware of their own safety than we are as adults, and therefore they experience a higher level of accidents and injury at school, at home or when travelling. Parents or other adults responsible for our childrens' care must take extra precautions and be vigilant about safety issues.

Sometimes an accident cannot be prevented and minors can be hurt, but are they always to blame for the incident? And if the child is not responsible and there were other factors involved, when is it suitable to pursue a compensation claim?

What Factors Are Taken Into Account In A Child Accident Claim?
Each child accident claim is different, but it can be seen by looking at one example that a number of issues arise. Looking at climbing frame accidents, you would need to consider the following issues:

* Was the climbing frame faulty?
* Was the surface of the ground underneath the frame sufficiently padded or covered by a soft material, such as bark?
*

If at a school, nursery or play- group, was there adequate supervision?

* Was another child involved?

Other examples where, if a child sustains an injury, a compensation claim might be acceptable are:

* Poorly protected building sites (even if the child was trespassing)
* Car or bicycle accidents leading to whiplash or other injuries
* Malfunctioning toys or play equipment
* Accidents that occur in the schoolroom, playing field, or civic space (a theatre, concert hall, public swimming pool or sports stadium for example)

In these examples, other people are responsible for ensuring optimum safety and security regulations are in place for any children and if you feel that these were not 100% effective a claim may be made.

How Is Compensation In A Child Accident Claim Assessed?
When putting together a compensation claim for your child the following can be taken into account:

* How much pain and suffering the child sustained
* The cost of medical or physiotherapy bills that may have been charged
* The effect on the child's confidence and mental stability
* Any long term effects as a result of the accident, which could have a significant impact on your child's life and future career

Does Claiming Cost Money?
No, in Child Accident Claims the court will ensure that all of the childs' compensation is protected and put into a trust account for them until they reach 18 years old. In some circumstances they will allow some money to be paid immediately to the child. The solicitors' costs will be paid for by the other side's insurance company in most cases.

Nicholas Jervis is a personal injury solicitor (non-practising) and a director of 1stClaims, a claims company which connects innocent personal injury and medical negligence victims with expert personal injury and medical negligence solicitors at no cost to the individual.

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