By Stephen Taylor. Last Updated 18th March 2022. In this guide, we will reveal everything you need to know about how to make a claim for a child accident in public place. If your daughter or son has had an accident in a public area and suffered an injury, you may be able to claim compensation on the child’s behalf. It will depend on the circumstances, such as whether another party breached a duty of care they owed the child by acting negligently and this led to the accident.
While compensation cannot reverse what has happened to your child, it could give you the funds needed to help your child get back on track. In this guide, we will reveal more about common accidents in public places that could happen to children. We will also help you to get all of the details you need in order to launch a case for your child should you have reason to. If anything is unclear within this guide, you can contact us for further clarification, or even for us to recommend a lawyer to you.
Choose A Section
- A Guide To child accident in public place Personal Injury Claims
- What Is A child accident in public place?
- Child accident in public place Personal Injury Claims Calculator
- Additional Financial Losses And Expenses You Could Claim For
- What Happens To The Settlement Claimed On Behalf Of A Child?
- Possible Child Accidents In A Public Place
- Slips Trips And Falls In A Public Place
- Child Accidents In Public Parks And Playgrounds
- Child Accidents At A School
- Child Accidents In Shops
- Who Could Your Public Place Personal Injury Claim Be Made Against?
- Time Limits On Making A Claim For A Child Accident In Public Place
- No Win No Fee Claims For A Child Accident In Public Place
- Litigation Friends – How To Claim On Behalf Of A Child
- How To Begin A Claim For A Child Accident In Public Place
Making child accident claims can be difficult in any circumstances. However, it’s always important that you gather all of the evidence and other relevant information available so that you can have the best chance of making a successful claim. This includes answering any of the pressing questions you have. For example, can I sue the city if I fall in a pothole? Can I sue the school if my child gets hurt? How do I claim compensation from an accident? What happens to children’s compensation? We will also provide you with some advice on how to find the accident injury solicitors you may require for your case specifically. If you still have any queries by the time you finish reading this guide, please do not hesitate to get in touch with us for more information. Our position in the industry has enabled us to build up connections with numerous companies providing experienced accident lawyers that could help you to get the compensation you deserve.
This relates to any sort of accident a child has been involved in, which they did not cause. In order to determine whether a child accident in public place is likely to result in compensation, there are three key questions. These questions are as follows…
- Was the accident your fault?
This is the first question you need to ask yourself. The injury must have occurred because of someone else’s error or negligence. You cannot expect to launch a personal injury claim for a child if the injury happened through your child’s own fault.
- Did your child see a doctor for your injuries?
It is so important to make sure your child sees a doctor straight after they have been injured in a public place. A lot of people may fail to do this because they may think they can cope with the injury themselves. This may be the case if there has only been a minor injury. Nonetheless, not only is it important to get the proper treatment for your child, but you may find it harder to claim if your child does not see a doctor. Why? Well, there will be no proof in the form of a medical report that your child has been involved in an accident in a public place.
- Did the accident occur within the last three years?
Last but not least, the third and final thing you need to ask yourself is when the incident occurred. This tends to be the personal injury claims time limit, yet there are exceptions, and when it comes to a child, you may have until your child turns 18-years-old. If you have not made a claim prior to the date your child becomes 18, your child would then have three years to launch a case on their own behalf from the date that they turn 18. Whether you are claiming for yourself or on behalf of another party, it’s always wise not to leave it late to start a claim. The sooner you can start child accident claims, the more likely it is that details of the incident will still be fresh in the minds of potential witnesses.
When it comes to making a claim for a child accident in public place, one thing you may wish to know is how much child injured in a public place compensation could be attained. Unfortunately, it is not possible to give you a 100 per cent definitive answer. This is the case even if you use a personal injury claims calculator or a child injury compensation calculator. This is because all cases are different, and so they are assessed on an individual basis so that a fair amount is always awarded. The circumstances regarding the child accident in public place will be assessed, including the severity of the original injury, the symptoms your child has experienced, and the impact the injury is likely to have on his or her life. You could then be awarded an amount based on this. Nevertheless, this does not mean that you cannot get an understanding regarding how much of a payout your injury claim is likely to result in. In the table below, you can see the guideline payouts awarded based on a number of different injuries. If you cannot find the sort of injury you have sustained, you are welcome to give us a call and we will happily shed some further light.
|The type of injury sustained
|The guideline payout amount
|£11,040 to £21,480
|£5,110 to £11,640
|£21,910 to £33,750
|£16,830 to £34,340
|£6,920 to £11,200
|£8,470 to £11,040
|A three-month recovery period
|Up to £2,150
|£16,720 to £48,080
|£48,080 to £101,470
|Up to £5,130
|Up to £16,720
When making any sort of compensation claim, the payout may be divided into two sections. You have compensation for things that cannot be quantified and compensation for things that can be quantified. The former relates to the payout that is designed to give you funds to assist with the injuries that your child has sustained. This includes both physical and psychological injuries – both are considered as serious as each other. The second part of the compensation is money to cover the costs that you have had to spend yourself. For example, you may have lost income because you may have needed to take time off work to look after your child. If so, this is something you might be able to claim for. You might also claim for travel expenses, counselling, and anything else relating to what has happened.
One thing most people want to know is what happens to the compensation once it has been awarded. After all, your child can’t exactly be handed thousands of pounds while they are under the age of 18-years-old. Child personal injury settlements are therefore handled in a different manner. They must go through an ‘Infant Approval Hearing’ and this usually takes place at a local court, ensuring the child gets the right level of payout for what has happened. Once the payout has been awarded, it may then be kept in a trust fund until the child reaches the age of 18. However, there can be some circumstances whereby you can write to the court to ask funds to be released for such items they may need before this date.
There are many different types of accidents that happen every single day in the United Kingdom. A public liability insurance claim is for those that have been involved in an accident that has occurred on property that is open to the public. The most common type of public liability claim is for slips, trips or falls, however, there are many other types of incidents that could occur in a public place. For example, something could have fallen on top of someone and caused an accident. These incidents could happen in many different places, whether on the street, or in a park, school, restaurant, gym or supermarket.
Examples of public liability claims include being struck by a falling object, tripping on an uneven floor, falling over because of roadwork that has not been marked, or slipping on a spillage on a shop floor.
What should you do if your child has been involved in this type of accident? You should report the incident immediately and you should take photographs as they may help to strengthen your public accident claim. Aside from this, it is a good idea to get the contact details of anyone that witnessed the incident, as witness statements could really help to strengthen your personal injury claim. It’s also important to see a doctor as quickly as possible, as the medical report they provide is sometimes the most crucial piece of evidence when it comes to making any type of claim for an accident in a public place.
Your child could be injured due to slips, trips and falls. This is undoubtedly one of the most common types of accident or injuries that happens to both adults and children. This is because this accident could happen anywhere and in so many different ways. For example, your child could suffer an injury because of a poor quality pavement or a pothole in the ground, which caused them to fall and hurt themselves.
Another type of accident that may be common when it comes to child injury claims is those that happen in public parks and playgrounds. These types of incidents could happen in different ways. If a park or playground has not been maintained properly, then the damaged rides could easily cause someone to suffer an injury. This could be anything from sharp edges to a ride coming loose and causing a child to fall off. Management causes of public parks and playground accidents include poor maintenance, an insufficient inspection, poor installation, equipment that is not suitable for the intended age group, poor design and layout, and poor equipment design or failure to comply to standards.
Aside from this, you may also be able to make a claim for your child if he or she has been injured in an accident that has happened at school. This could be a playground accident claim because of an incident whereby the right level of supervision was not provided and another child hurt your child. This could also be an incident that has been caused because of poor maintenance in and around the school. Scenarios vary considerably. Some people may have made claims because the cleaner at the school left the floors wet, without putting up signs, causing your child to slip and hurt themselves. It is all about showing that the school did not uphold their duty of care to your child.
You may also be able to make a claim for your child if they have had an accident in a supermarket or an accident in a shop. Of course, slips, trips, and falls are the most common when it comes to supermarket accidents. However, there are other accidents that may have happened. For example, your child could suffer an accident because of a product purchased in a store.
Product liability cases are another type of public injury claims. This is essentially when an individual has suffered an injury as a result of purchasing a faulty product. Of course, all products go through rigorous testing before they are released onto the market. However, there are unfortunately those that are damaged and slip through the net so to speak. If you have had the misfortune of purchasing one of these items and your child has suffered an injury, as a result, you may be entitled to claim. After all, the company has a responsibility to ensure this does not happen.
Product liability cases could involve literally any product that is sold on the Internet or in retail stores. This could be anything from beauty products and hair care items, to electrical goods and vehicles, to furniture and clothing – the list really is a long one. You don’t need to worry about what product has caused the damage or how the injury has occurred. Essentially, you need to be able to show that the injury happened in the time limit, that it was through no fault of your own and that you received an injury as a result. Thus, even if your child’s injuries are minor please make sure you go to a doctor. If this is something you have not done yet, there may still be plenty of time to do so.
When it comes to making a public place claim, you may be making a claim that is settled by the insurer. Therefore, when it comes to accidents that have happened on council property, for instance, the Local Authority’s insurer would settle the claim for the accident that has happened in a public place, unless another party is deemed to be liable.
You may be aware of the fact that there are time limits in place when it comes to making any sort of personal injury claim. However, the situation does vary when it comes to making a claim on behalf of a child. Under the Limitation Act 1980, the standard time limit for starting a personal injury claim if you’re the victim (and were already an adult at the time it occurred) is three years from the date of the incident. However, when it comes to to child injury claims, this three year time limit is frozen temporarily until the child who was injured turns 18. If a claim hasn’t been started on the child’s behalf before their 18th birthday, then the three year limit starts from when this occurs. At this point, the victim can start a claim on their own behalf (unlike prior their 18th birthday).
A lot of people may never explore the possibility of being compensated for the injury they have suffered. Why? Well, some may not have the start-up costs that are associated with using a traditional personal injury solicitor. Advice alone may seem to be extremely expensive. Then, what happens if you don’t win your case? You would have spent an excessive amount of money on a service essentially to get nothing in return. The thought of this happening is one of the main reasons why some victims may never see the money they could be entitled to.
Introducing the option of a No Win No Fee personal injury lawyer…
However, it is not all doom and gloom. You and your family could claim for a child accident in public place that was not your child’s fault without upfront costs, if you consider using a No Win No Fee solicitor instead. This eliminates the start-up costs that are associated with going down the traditional route, as you don’t need any money to get your case going. Moreover, you are not going to be spending a large amount of cash on a service that is unsuccessful. Therefore, financial risk is eliminated.
As you may have gathered, if you are making a claim on the behalf of a child, the process is slightly different. In order to make a successful personal injury claim for a minor, there needs to be a person over-the-age of 18-years-old who has responsibility for the child, i.e. a parent or guardian. This is what is known as a ‘litigation friend.’ A child always needs a litigation friend in order to make an injury claim. This is because, as per UK law, you cannot make a claim if you are under the age of 18-years-old.
If your child has had an accident in a public place, and you are thinking about making a personal injury claim, please do not hesitate to get in touch with us for more information about claiming for a child accident in public place. We would be more than happy to answer any queries you have and to point you in the direction of a suitable personal injury lawyer for you. Here are some recommended places to go for further advice on the following:
- For free advice, and No Win No Fee child injury lawyers
- Details on safety on the road and road accident compensation