Cycling injury compensation claims involving children
Figures from RoSPA reveal that 1,726 children were is lightly injured in the UK in 2014. A further 273 were seriously injured and 6 were killed.
The real number of injuries may be significantly higher as RoSPA's figure are compile from police reports and many accidents are not reported.
How do you pursue compensation for a child cycling injury?
If a child is injured as the result of the negligence or recklessness of another, then it is possible for the parent or guardian to pursue financial compensation on the child's behalf.
The parent or guardian can instruct a solicitor in much the same way as they might for themselves or an adult.
The parent or guardian would be formally known as the child's 'litigation friend'.
The litigation friend must be considered 'independent' which means that the personal cannot be personally involved in the accident e.g. driving the car involved in the accident.
How long do you have to start a compensation claim for a child?
Anyone over the age of 18 has up to 3 years from the point of discovery of an injury to initiate a compensation claim.
If the injured party is a child (under 18) then they have up to their 18th birthday to start a claim. Once the child reaches the age of 18 they then have a further 3 years to commence a claim. IN effect then, an injured child can begin a claim, irrespective of how old they were when injured, at any stage up to their 21st birthday.
How and when does the child receive their compensation award?
Typically the courts will hold any compensation on a 'Special Investment Account' until the child reaches their 18th birthday. However the court may choose to release some or all of the award if circumstances justify this course of action. For example if the some of the award is made to cover the cost of treatment then some of the money can be released for this purpose.
How can Cycling Injury Legal help?
Cycling Injury Legal provides information, legal guidance and support for the recovery of injured cyclists. In the case of injured children or minors, particular skill and experience is required in seeking court approval for any settlement or award..
Our panel of expert solicitors are geared up to help recover maximum compensation awards for children. For more information on making a cycling injury claim on behalf of a child, contact us on 0800 612 2874.