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Road Traffic Accidents involving Children

Many accidents occur each year on Britain’s roads, and it’s particularly upsetting when children are involved. The injuries can range from minor cuts and grazes to even fatalities. The majority of the time the child involved has, in no way, contributed to the accident; this means in the eyes of the law the child is considered an innocent party.

If you feel you want some form of justice or peace of mind for your child, you may wish to consider pursuing a claim for compensation. Although no financial sum will ever replace the loss or hurt you or your child may have experienced, it can provide some financial stability and compensation for the suffering endured.

If the person involved in the accident is under the age of eighteen, a parent or guardian will need to claim on the child’s behalf. This is because in the eyes of the law it is understood that the child might not have the necessary skills or may not have the abilities to deal with the claim.  The person claiming on behalf of the child is known as the litigation friend, and this person will act with the child’s best interests in mind.

If the child was in an accident where the parents were not present, you can still place a claim for compensation. For example, if the child was on a school trip and the vehicle carrying the child had an accident, you can still place a claim. The claim will be made against the person at fault – this person should have insurance that covers them for such accidents, and this is where your compensation reward is claimed from.

It’s always advisable to collate as much information about the accident as possible – for example, do you know of any witnesses and if so do you have their details? Did anyone who witnessed the accident take photographs, or sketch the circumstances in a drawing? Any information you have can be very important; not only for making a claim but also for things like assisting the Police in their investigations. Also try and record any financial losses you might have incurred; have you had to pay any medical fees for your child or have you paid for any special medication? Has your child needed extra care – even from a family member? If so this time can be claimed for at the rate of a carer. If the child’s additional costs have been as a result of the accident, try and keep any receipts which can be relied upon.

If you decide to go ahead and place a claim for compensation, try and choose a firm of independent personal injury solicitors rather than an insurance company or claims referral company; that way you will know your claim is being dealt with by professionals and your settlement will be claimed at it’s true figure, rather than a deducted rate which you would receive from a claims referral company as they will have paid to take on your claim.

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Have a question? Call our Claims Help team for free expert legal advice on 0800 634 75 75