Young Child Seriously Injured in a Play Ground
We acted for a child aged 8 years old at the time of the accident. She was taken to a playground by a national voluntary organisation with a large group of approximately 35 children. There were only 2 adults present and they could not adequately supervise all of the children there. The child was playing on the climbing frame when she fell and struck her face, suffering a number of nasty injuries.
As a result of the accident, the child lost her two front teeth, chipped her jawbone and lacerated her palate. The child was required to stay overnight in hospital following the accident and missed two weeks of school
Surgeons attempted to re-implant her upper right tooth, however this was unsuccessful and the child had to be fitted with a denture to replace her missing front two teeth. The child would require maintenance of this denture throughout her adult life.
The child was also not surprisingly psychologically affected by the incident. She was traumatised by the accident and initially did not want to leave her mother’s side. She was also very conscious of her appearance and worried that she would never regain her normal smile.
Once IBB Claims was instructed we wrote a letter of claim to the other side. They in response admitted they were responsible for the accident. Our focus then turned to obtaining evidence to support the value of our client’s claim.
We obtained evidence from a dentist as to the extent of the child’s injuries and the future dental treatment she would require. We also obtained evidence from a child psychologist in relation to the psychological impact of the accident on our client. The psychologist confirmed that our client suffered PTSD as a result of the accident. We were able to use this report to obtain an interim payment of compensation from the other side to fund cognitive behavioural therapy which greatly assisted our client.
We then successfully negotiated a final settlement of £35,000 with the other side which accurately reflected the injuries our client had suffered from both psychologically and physically, and the future treatment she would require.
As our client was a minor it was necessary to ask the Court to approve the settlement reached with the other side. We attended court with our client, her mother and a barrister. Our client and her mother were extremely happy when the award of damages was approved by the court. The child’s compensation will be held in Court until she is 18 years of age. She is currently planning to use this money to pursue a career in musical theatre and dance when she leaves school.
Normally in personal injury claims there is a time limit of three years within which you must take a claim. Where the claimant is a child, this time limit of three years does not begin to run until their 18th birthday. If you are the parent of a child that has been injured in an accident caused by the negligence of a third party, you may still be able to bring a claim irrespective of the accident date.
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