It is possible for a child to recover compensation for personal injury and Express Solicitors has just recovered £3,000 for a 4 year old boy after he sustained an injury in the back garden of the property he and his family lived in. The boy was in the back garden playing with his brother when he tripped and fell over sunken concrete paving causing him to fall and sustain a cut to his right eye. The boy fell forwards banging the ride side of his face against the wall of the house and he was unfortunately left with a cut which required four stitches, leaving a scar next to his eye.
The claim was made on the child’s behalf by his mother who acted as ‘litigation friend’ since he was under the age of 18. A litigation friend is a person appointed to represent a child who is bringing a personal injury claim. This can normally be one of the child’s parents or guardians and they must be able to show that they can competently conduct proceedings on the child’s behalf.
The Defendants admitted liability for the child’s accident subject to proving that the injuries sustained were a direct result of the accident.
After obtaining a detailed medical report and sending this to the Defendants, the Defendants requested that we obtained a barristers opinion and disclosed this for any offers of settlement to be made. Express Solicitors refused to provide this and an offer of £1,285 and then £1,535 was made in full and final settlement of the claim.
Express Solicitors rejected both offers and issued proceedings to the court. It was only then that the Defendants increased their offer to £3,000 in full and final settlement. This offer was in the region that we had advised the litigation friend of and she was happy to accept this on behalf of her son, subject to the court’s approval.
As court proceedings had been sent to the court for issuing, Express Solicitors proposed a consent order to have the matter converted into an infant approval hearing as soon as possible. An infant approval hearing is required for all child personal injury claims so that the case can be put before a judge. The judge then has to confirm that the amount that has been offered to the child is acceptable and in the child’s bests interests. The Judge looked at the quantum advice and the medical report when assessing whether the amount was suitable.
Both the child and litigation friend were required to attend court for an infant approval hearing. The judge asked the child how he was feeling and if the scarring bothered him and then approved the settlement and ordered that the sum of £3,000 was invested into the courts funds office until the child turns 18. Both child and litigation friend were happy with the outcome and the service provided by Express Solicitors.
Express Solicitors ensure that the interests of every one of their clients are put first throughout their personal injury claim and will not simply accept the first offer put forward if it is lower than expected for the injury sustained. Express solicitors will always fight until the maximum amount of compensation is awarded so that our client’s get the amount that they rightfully deserve.
If your child has been injured in an accident through no fault of their own, you should seek legal advice as they may be entitled to compensation. For friendly advice or to start a claim for compensation, contact Express Solicitors on 0845 456 4007.