According to statistics from the Department of Health and Social Care, unintentional injuries are a leading cause of preventable death and illness for children in England.
Of course, children are naturally more accident-prone; after all, it’s part of the learning and growing process.
However, as a parent, it’s essential to know which steps to take when your child is injured in a public place.
If you’re looking for advice on what your immediate actions should be, understanding who is liable, and how to pursue a child injury claim, keep reading.
What child accidents could occur?
There are several accidents that could occur in public places, including road traffic accidents, trips and falls, an injury from faulty equipment, or something falling on top of your child – to list just a few.
What types of injuries can children experience?
As a result of a public accident, your child may suffer from not just physical visible injuries but also more serious internal injuries and emotional distress.
While in most cases the injury is relatively minor, sometimes children can be victims of more significant accidents, which could result in a serious child injury claim.
These claims cover injuries that have:
- Affected your child’s normal development
- Caused them to now have a condition or chronic pain they did not previously suffer from
- Resulted in a lengthy hospital stay.
- Required their parent or guardian to take a prolonged period off work
What immediate steps should you take?
Naturally, the first step you will want to take is to ensure your child receives medical attention.
Even if the injuries appear minor, it’s essential to consult your child’s general practitioner or an emergency clinician to rule out any underlying issues.
Once your child has been attended to, you’ll want to gather as much information as possible.
This should include photographs of the accident scenes, witness details, official accident reports and ensuring any evidence involved in the incident is preserved.
Who is liable?
When a child is injured in a public setting, it’s important to determine who is responsible, especially if you’re considering a claim.
In most public places, occupier’s liability will apply, which holds those in control of a premise accountable for the safety of visitors.
Failure to do so may result in them being liable for any resulting injuries.
An example could be if your child slips on a wet floor inside a shop that has not been marked with a ‘wet floor’ sign.
In a case such as this, the management could be held responsible
Making an injury claim for your child
As a parent or guardian, you are able to act on behalf of your child as what is legally known as a ‘litigation friend’.
This allows you to pursue a compensation claim on behalf of the child and act in their best interests during legal proceedings.
Unlike adult injury claims, child injury claims can be made at any time until the child turns 18.
From the date of their 18th birthday, they then have three additional years until they turn 21 to initiate an injury claim themselves if one wasn’t previously made.
What compensation can my child receive?
Compensation for children injury claims aims to cover the following:
Pain and suffering
This is to recognise the physical and emotional distress the child has experienced as a result of the injury.
Covering medical expenses
The compensation amount should cover all costs associated with medical treatment, subsequent therapies, and rehabilitation.
Loss of amenity
This compensates for the impact the injury has had on the child’s life, enjoyment and their ability to participate in their normal routine, sports, and other activities.
Future costs
Any ongoing care or adaptations are also factored into the compensation amount.
How can I start a child accident claim?
We understand that no parent wants to imagine their child being injured, but it’s important to be prepared and informed on what to do should an accident occur.
At Wafer Phillips Solicitors, our team understands the complexities involved in child injury claims, and we’re here to make the process of claiming compensation as stress-free as possible for your family.
If your child has been injured in a public setting, don’t hesitate to reach out to us; we can help you through the process of starting a claim.
We’ll explore whether you have a viable compensation claim, and if so, our highly qualified solicitors will ensure your child is fairly compensated as soon as possible.
To learn more about how we can help you and your child, visit our public accidents page, or get in touch today by dialling 0151 256 7898.
Alternatively, you can send an email to enquiries@waferphillips.co.uk
