Many children have accidents, trips, and falls as they grow up. It is part of being a child, and playtime. Most of these accidents are no one’s fault. However if your child has had an accident that was a result of someone else’s negligence, you could be entitled to make a claim. 

The health and safety of a child is the number one priority as a parent. But following an accident, it’s important that the child is cared for and supported in their rehabilitation, as well as achieving the compensation that is deserved. 

 

Eligibility when claiming

 

Like any other personal injury claim, there are a few checks that need to be completed to identify whether you are eligible to make a personal injury claim on behalf of your child. 

Making a decision as to whether: 

  • The child injured was owed a duty of care by a person 
  • The duty of care was breached by negligence which resulted in an accident 
  • The child was injured because of the accident 

 

The environment of the accident 

 

The eligibility for making a claim can also be determined by the environment the accident happened in. 

Environments where an accident happened where a claim could be made: 

  • Schools 
  • College
  • Nurseries 
  • Outdoor public places e.g. parks or playground 
  • Indoor public places e.g. supermarkets or shopping centres
  • In a road traffic accident 
  • Medical environments 

 

For many of the above environments, owners or employers have a duty of care to children. They must ensure to conduct regular risk assessments, and if risks are identified take steps to reduce these risks. 

 

Evidence of a child accident 

 

Like any other personal injury claim, evidence needs to be provided in order to have a successful claim. Even if liability is admitted, evidence should still be provided. This evidence can be used to make a claim, but it may also be used by the insurance company. 

Forms of evidence: 

  • CCTV footage. Lots of public spaces and educational facilities have CCTV or security cameras in public spaces. Video footage can be great at explaining how the accident happened. But be sure to secure this as soon as possible as CCTV footage is usually wiped after a certain amount of time e.g. 28 days 
  • Photos. Capture the area where the accident happened, and if there was equipment that was broken or faulty e.g. a broken fence or broken swing. It’s also a good idea to get images of the injuries to the child. Take these as soon as possible after the accident, and through the recovery process. 
  • Medical notes. Whether from the GP or a doctor. Medical notes are another great way of showing the extent of injuries and how these have affected the child. 
  • Accident reports. Many business and educational facilities keep accident reports and document information about the accident. 
  • Witness accounts. Details from others about how the accident happened are great for backing up your account if the party denies liability. 

 

If you are able to collate all of the above information and evidence, it is ideal and could mean the chances of a successful claim are increased. However, if there are some pieces of evidence that you are unable to get, do not deter you from inquiring about making a claim. Discuss the available evidence with your solicitor. 

 

Possible injuries and accidents

 

Injuries and accidents can vary dramatically. Especially as these injuries can happen to children from 0-to 18 years old, and therefore the severity of injuries will too differ. 

Injuries could include: 

  • Broken bones 
  • Head injuries 
  • Cuts and bruising
  • Whiplash 
  • Spinal injuries 
  • Eye, ear, nose, throat, and mouth injuries 
  • Burns 
  • Chest and organ injuries 
  • Bites
  • Poisonings 
  • Sprains and strains 
  • Near fatal injuries 

 

Contact Us 

For more information on making a personal injury claim on behalf of your child, please get in touch with our Personal Injury team. Call us on 01782 662424 or email us at info@beestonshenton.co.uk