Accident compensation claim lawyer uk, no win no fee injury specialist - Kevin Bolton solicitor

UK solicitor explains how to claim compensation if your child is attacked at school by another pupil

Parent of school accident victim question

My son was at school and is 11 years of age and he was attack by an older child aged 14 years. Is he entitled to claim compensation?

School accident solicitor response

As the child who assaulted your son is aged 15 years – he has criminal culpability or responsibility for his acts and as such the police should be involved.

If a crime of violence is confirmed by the police – a claim to the criminal injuries compensation authority can be made.

Unless negligence can be shown by the school it would be difficult to hold the school responsible for the assault. If the school was aware that the older child had attacked other pupils in the past and had not been properly disciplined or segregated him from more vulnerable younger pupils this could suggest liability.

In any event I do recommend the involvement of the police.

To see the procedure for claiming criminal injuries compensation click criminal injuries claim and to see the steps to claiming for an accident involving a child click child school accident claim.

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How to decide the amount of compensation you should expect for child head injury claims

Regretfully – children in the UK have many accidents. One of the most common types of accident is a child head injury.

The law in the UK is designed so far as is possible to protect and compensate children in the event of an accident which considered legally due to the fault of another.

If child head injury claims are successful – the amount of compensation a child can receive will depend on four things:

1. The nature and the severity of the head injury.

2. Case law in the UK that decides the level of compensation for  pain and suffering for such a head injury.

3. A barristers opinion on how much the level of compensation should be.

4. The court’s assessment of the injuries and the barrister’s opinion at a minor settlement hearing.

To see examples of how much compensation child head injury claims are worth see the link at the top of this page entitled “compensation amounts”.

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How is the process of making child accident claims different than that for an adult in the UK?

Child accident claims involve some of the most vulnerable members of society and as such protections are in place to make sure children receive the correct amount of compensation and that money is protected until the child reaches the age of 18 years and effectively becomes an adult.

Some key protections in child accident claims include:

1. A child has until his or her 21 st birthday to start a child accident compensation claim at court before it is legally too late (an adult only has three years to start a claim).

2. Child accidents claims cannot be concluded without the court authorising the amount of compensation as being sufficient.

3. Compensation monies are not given to the parent of the child, but instead are invested by the court into the courts fund office until the child reaches adulthood – the age of 18 years. At this stage the child is free to spend the compensation as he chooses.

4. The courts funds office pools many different amounts of money into a large fund allowing higher interest rates to be obtained on behalf of children.

To read more about making child accident claims see the home page of my website.

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