However, because of the continuous growth, children’s bodies are also more fragile and likely to face more complications with spinal cord injury than an adult would. With recovery and additional support to be considered, compensation can be a source of significant support while they adjust to their injury.
While it cannot change or improve the effects of the injury itself, it’s great to have financial support to help children adjust back to normal life as smoothly as possible.
Child injury and accident claims
If a child is injured as a result of an accident in a public area, it is often considered an accident. However, it is not always as straightforward as this. If the injury occurs as a result of the negligence of another, such as an adult, a child can claim for personal injury compensation – just as an adult could.
Whilst children will often find themselves in situations where they fall over and hurt themselves in an incident, these occurrences are not always accidents, and this is important to be mindful of.
Most spinal cord injuries are caused by motor vehicle accidents. Ensuring your child wears a seatbelt reduces the risk of injury by more than half. Wearing helmets when cycling, ensuring that no child younger than one accompanies an adult on a bicycle, teaching children safety around water and removing any trip hazards will reduce the chance of spinal cord injuries.
You must seek immediate emergency treatment after your child’s injury.
Emergency workers are specially qualified to recognise possible neck or back trauma and will be cautious not to cause any more damage by moving the child. Every child’s injury will be different, and after the initial emergency process, doctors will examine and get to the route of the child’s injury in detail.
Who files the claim?
When a baby or young child is injured in an accident as the result of someone else’s negligence, a parent, guardian or responsible adult is entitled to seek compensation on the child’s behalf. Equally, the child will have 3 years from the date of their 18th birthday to make their claim by themselves.
In the UK, the law states that a minor is unable to make a personal injury claim themselves. However, a person who is over the age of 18 can act on behalf of the child. This adult could be a parent or someone legally responsible for the child.
This role is usually known as a “litigation friend’’ and responsibilities include acting on behalf of a child for accident claims. This is required because children will not have the required legal understanding to fully be aware of everything involved during the claims process.
What can I claim for?
There are several considerations when you decide to claim for child injury. The three main concerns are general damages, special damages.
General damages include how much pain a child experiences as a result of the injury that happened without fault of their own. The seriousness of the injury will have a huge influence on how much compensation someone will receive.
Special damages, in adult cases, will include the financial impact on the person when they are no longer able to earn income through work due to injuries. With children, however, loss of earnings is not an issue. Special damages in younger cases will consider medical fees, travel expenses and costs of any property damage.
Future losses look at what you will need in the future as you age. Law firms will consider how your needs will need to be met and what the cost of this will be, as well as any losses you will have in the future as a result of your injury. Special damages and future damages can result in millions, depending on the severity of the injury, the job role of the injured person and their current life stage.
Medication, rehabilitation and more may be required to support your child when recovering from and dealing with spinal cord injury. Just like adults with spinal cord injury, children can develop nerve damage problems that affect their bladder. Bladder issues can cause regular urine infections and worse, kidney problems. Depending on the severity, some children may need surgery or medication to help urine flow.
When does the child receive compensation?
In the UK, all child injury claims are required to go through a hearing to be passed by the courts. Child personal injury settlements require an ‘’Infant Approval Hearing.’’ This is different to how adult injury compensation claims are handled. The courts will ensure that the injured child is receiving the right amount of compensation in line with their injuries.
Compensation will be placed in a trust fund that is kept secure until the child’s 18th birthday. This is so the courts can ensure that the compensation for the child’s accident is used only by the claimant when needed to deal with their injury.
If the money is required before the child’s 18th birthday, they may be able to receive a certain amount of their overall compensation to cover any necessary costs. In spinal cord injury cases due to the potential value and complexity of the cases, a court often appoints a professional deputy to manage the child’s money until they have reached the age of 18. The cost of this is often claimed within a compensation claim up to the age of majority.
What should I do if you have to claim compensation for my child?
Before making a claim, you must consider all elements to form a valid case for making a compensation claim for your child. Usually, you will go through a consultation to establish whether or not your child has a chance of receiving compensation and, if so, how you can move forward with it.
When it comes to making claims, the sooner you decide to do so, the better. This is the period where details of events are still clear and easy to share, preventing the loss of any key information that could help your case. It’s crucial to share any relevant pieces of information you may have about the incident as it will be valid evidence in your case.
What kind of evidence will I need?
If a child has been injured in an accident that is no fault of their own, gathering evidence is key in the process of receiving a claim. This kind of evidence will explain who was responsible for the accident, how it happened and what injuries occurred. To do this, you should:
- Collect the contact details of any witnesses who saw the accident.
- Make sure to retain all details from the initial hospital visit. Medical records are a great way to show what injuries were sustained after the incident.
- Take note of where the accident happened and report it. It can help your case if you can confirm the date, time and location of the accident.
- Take photographs of any visible injuries and continue documenting any changes during recovery.
There are a lot of considerations when it comes to settling injury claims for children, especially those dealing with spinal cord injury. SCI’s require a lot of support, and Aspire Law can help secure the maximum amount of compensation for your child.
Our first and main priority is to ensure that you and your family are not suffering from any financial loss as a result of your child’s injury. We make sure that your child’s immediate financial needs are met.
We aim to provide a full, holistic service, helping your child live an independent and fulfilling life. Get in touch today to discuss your child’s compensation plan.
