fbpx
Chevron pointing up icon

Child injury claims

Solicitors in London

They're really responsive. I'm amazed at how quickly they got to grips with the issues and details of the case

Chambers UK

Child injury claims

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 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.

Children and road accidents

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 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 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.

Written by Sophie Davies

Speak to a Lawyer

Accreditations

Latest Personal Injury News


Osbornes Law Osbornes Law @osborneslawyers RT @HeadwayELondon: Danny talks about left-sided weakness & physical changes after brain injury on our life stories project "Who Are You No… 3 days ago
Osbornes Law Osbornes Law @osborneslawyers RT @HampsteadChambC: Our next concert is this coming Saturday, 23 March at Hampstead Parish @Hampstead_PC at 7.30pm. Dvorak Mass in D @D_O_ 3 days ago
Osbornes Law Osbornes Law @osborneslawyers RT @HeadwayELondon: Good to see this being discussed more openly! We have a 100% success rate in reinstating benefits at tribunals for our… 4 days ago
Osbornes Law Osbornes Law @osborneslawyers Happy #InternationalWomensDay 2019 from @osborneslawyers - celebrating all our wonderful women at Osbornes Law. https://t.co/xMNxrXNJwo 2 weeks ago
Osbornes Law Osbornes Law @osborneslawyers RT @london_cycling: Westminster's plan for how thousands of cyclists will move through their new proposals for Strand/Aldwych are convolute… 2 weeks ago
Osbornes Law Osbornes Law @osborneslawyers RT @denisenottm: Loving my @osborneslawyers and meeting so many inspirational women https://t.co/JCRys14zPL 2 weeks ago
Osbornes Law Osbornes Law @osborneslawyers Very much looking forward to lunch later on. https://t.co/s8LEpAdpe1 2 weeks ago
Osbornes Law Osbornes Law @osborneslawyers RT @nsam91: Carb-loading on pancakes and nutella for the #BigHalf with @AvMAuk and @osborneslawyers on Sunday Please sponsor me and AvMA h… 2 weeks ago
Osbornes Law Osbornes Law @osborneslawyers Parenting event @BurghHouse1704 starting shortly @osborneslawyers https://t.co/QQxiqWClsc 2 weeks ago
Osbornes Law Osbornes Law @osborneslawyers @osborneslawyers looking forward to welcoming all this eve at our Parenting event @BurghHouse1704.… https://t.co/ZpcqCY2DtU 2 weeks ago
Osbornes Law Osbornes Law @osborneslawyers RT @Mitchell_Labiak: Get your popcorn. EMA v Canary Wharf is going to the Court of Appeal. Comment from Frances Richardson from @Linklater 2 weeks ago

Introducing Your Personal Injury Legal Team

Osbornes has an experienced team of specialist personal-injury lawyers to assist with your case / situation

arrow pointing up

Camden

Livery House, 9 Pratt Street, London NW1 0AE
Tel: 020 7485 8811 Fax: 020 7485 5660
DX Number 57053 Camden Town

Hampstead

28A Hampstead High Street, Hampstead, NW3 1QA
Tel: 020 7485 8811 Fax: 020 7485 5660

Contact a Lawyer

Enter your details below to receive a call from Osbornes:


Trustpilot

Speak To A Lawyer

Speak To A Lawyer

Speak

To a

Lawyer