Child Injury Claims
Specialist Child Injury Claim Lawyers
If your child has been injured in an accident or because of negligence you may be able to claim compensation. You can make a child injury claim on their behalf. Our lawyers specialise in these types of claims. Read on to find out how to bring a claim and how our expert solicitors can help.
“Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms.”
“A fantastic outfit for serious injury work.”
Balancing freedom and safety for our kids is a time-honoured problem for parents, and we all expect our children to enjoy the rough and tumble that is part of growing up. When accidents do happen we don’t generally look for someone to blame, despite overblown talk of a ‘compensation culture’, the statistics show that schools and nurseries for instance actually face a low level of child injury claims following accidents to pupils.
However, there are some avoidable accidents that are caused by the negligence of others and which cause significant injury that should not be ignored.
Road Accidents & Child Injury Claims
The greatest dangers outside the home are on our roads, where almost 2500 children are killed or seriously injured every year. Most child casualties are pedestrians.
Often the accident is partly or entirely the fault of the child – because of inexperience or loss of concentration they might run across the road, fail to look properly or misjudge distance or speed. However, the law recognises that a child may be less careful than an adult, and so imposes a stricter duty on other road users when it comes to children. Unless the driver of the vehicle involved in the accident was simply unable to avoid the collision, then there will usually be some blame attributable to the driver, perhaps for driving too fast or failing to keep a proper lookout. All too many accidents involve children crossing roads and being hit by a driver who could have seen them and avoided the collision if only they had been travelling more slowly or had braked or swerved in time.
In other cases, a child may be cycling in the road and the vehicle driver fails to allow them a wide enough berth or fails to anticipate their actions, and an accident results.
If there is some blame attached to the vehicle driver then the case will succeed, even if there is a deduction in the amount of compensation for ‘contributory negligence’. Much depends on the facts of the particular case and the available evidence.
Adventure and risk-taking
What may represent a danger to adults can be an attraction to children. The roof of a building, an abandoned car, a building site or quarry are all obviously dangerous but those responsible for them must expect that children will be curious and adventurous, even if that involves trespassing. So an ‘allurement’ should be properly protected, with fences, barriers and warning notices, and the extent of the protection will depend on the risk of serious injury or death.
Special rules and time limit
Children are not allowed to bring legal claims in their own right and so a ‘litigation friend’ – usually a parent – will act on their behalf. The vast majority of cases are settled by negotiation out of court but the court does need to approve the terms of settlement at a hearing and the compensation is usually invested by the court for the benefit of the child until his or her 18th birthday.
Usually, a claim must be brought within 3 years of the date of the accident, but in the case of children, that period does not start to run until their 18th birthday. However, we would advise consulting a lawyer and bringing a claim as soon after the accident as possible, so that the evidence is still available and fresh, to maximise the chances of success.
"A small but high-powered team, dealing with cases of significant value and complexity."
"An excellent firm which achieves fantastic outcomes for clients."
"Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms."
"A superb boutique catastrophic injury firm."
"Really good at dealing with people who have suffered a serious injury."
"Affable and charming with very good client-handling skills."
"superb firm with consummate professionals and a human touch."
Osbornes now has a team of highly experienced personal injury lawyers; particularly strong on high-value quantum cases, workplace accidents and claims involving foreign workers injured in the UK.
The team provides fantastic strength-in-depth for personal injury claims. It is also particularly well placed to service clients from Eastern Europe with specialist native language speakers. From the smallest case to a multimillion-pound spinal injury case, Osbornes has the right staff to manage every claim.
Ben Posford remains pre-eminent in his field with expert understanding of litigating cases of the upmost severity. His experience builds on Stuart Kightley’s running of the firm with recent partner additions of Rob Aylott making a fantastic addition.
A firm going from strength-to strength-which retains its client care whilst being able to offer a full personal injury service.
Beneath Ben Posford’s calm and reassuring presence, which clients love, lies a formidable tactical and legal brain. His experience tells and he gets it right at every stage of the process from arranging the best possible rehabilitation, to ensuring, so far as possible, a polite relationship with those acting for the defendant in order to ensure best and early resolution of the claim.
"Clients say he is very impressive, in terms of both his experience and his management of the personal injury team."
"They have an expanding profile in personal injury and clinical negligence and offer a superb, broad service in accidents abroad, enabled by their recruitment of bilingual legal executives who can guide non-English speakers through complex litigation."
"Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."
"Offers specialist expertise in cycling-related injury claims."
"Offers specialist expertise in cauda equina syndrome cases."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"Osbornes has a growing influence and impressive work load and is gaining a reputation for handling complex catastrophic work."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"The hard-working, thorough and committed Robert Aylott, who brings significant heavyweight personal injury experience."
"Key team members include the energetic and personable Stuart Kightley who is head of the personal injury department."
"Catastrophic injury cases head Ben Posford is an excellent practical litigator who offers exceptional service."
Thank you for the hard work and patience and for being so patient with my constant questions.
"I have found Osbornes to be thorough, clear and understanding from the initial call. They do exactly what they say they will and with passion! I would recommend them to anyone".
Very good efficient service. Would not hesitate to use again.
I will use Osbornes for any future needs.
I don't think I could have asked for anything more. One of the best dealings I've had with the legal profession.
Sam was excellent and very professional in dealing with our claim.
Head of the personal injury department, Stuart Kightley is a first-rate practitioner, wholly focused on getting his client the best outcome in a pragmatic, sensible and consensual manner.
As a real specialist in spinal cord injuries, Ben Posford is always looking at new angles on how to maximise his cases.
Ben Posford is one of the best catastrophic injury lawyers around.
They provide exceptional service, great knowledge and understanding of the law, excellent client care and tactical nous
Stuart Kightley is praised for his expertise in catastrophic and fatal claims. Clients say he is very impressive, in terms of both his experience and his management of the personal injury team.
My claim was dealt with efficiently and professionally. Communication was excellent, and timely. Shrewd and sound advice was provided at every stage of the claim from beginning through to completion. On the basis of my personal experience I would strongly recommend Osbornes.
I just wish to thank you for your hard work and successful outcome. I am pleased with the result and would recommend you and your firm to anyone in the future.
Ben Posford … is ‘tactically astute’ and ‘one of the best personal injury solicitors around’.
Ben Posford ‘knows how to maximise the value of the claim for his clients’.
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