Assessment of Compensation Awards For Child Injuries
The following is only a guideline to give parents an idea of how much compensation for arms, elbows, wrists, fingers injury to the body could be awarded for child injuries who suffers personal injury following an accident or injury. The child or children who are injured in an accident will be sent by a solicitor to be medically examined. Once the doctor has examined the child’s injuries a written medical report will be sent to the child injuries solicitor and to the child’s parents for approval. Once approved the child injuries and accident solicitor will then consider the child injuries of the child as set out in the report and compare the injuries with claims decided in the courts previously where other children had sustained similar injuries.
NO SOLICITOR COSTS TO PAY – WIN OR LOSE
As child injuries and accident claim solicitors, we operate on a NO WIN NO FEE basis win or lose. The child or children will not pay anything out of their compensation payment claim. No Hidden Charges, no credit agreements to pay. Quite simply 100% Compensation 0% Solicitor child injury costs Win or Lose.
Upper Limb Child Injury Awards
|Loss of Both Arms|
|Loss of One Arm||£100,800||£110,880|
|Severe damage short of amputation|
|Severe fractures one/both arms, permanent injury|
|Less Severe with substantial recovery|
|Simple fractures with complete recovery|
|Severe with major loss of function|
|Moderate, with some permanent loss of function|
|Simple fractures, lacerations with full recovery|
|Severe with complete loss of function|
|With significant permanent disability|
|With some permanent disability, pain, stiffness|
|With recovery complete||£3,000|
|Total or Effective Loss of Both Hands|
|Serious Damage to Both Hands|
|Total or Effective Loss of One Hand|
|Amputation of Index, Middle and/or Ring Fingers|
|Severe Fractures to Fingers|
|Total Loss of Thumb|
|Total Loss of Index Finger|
|Partial Loss of Index Finger|
|Moderate thumb injuries|
|Total Loss of Middle Finger||£11,500|
|Fracture of Index Finger|
|Amputation of Little Finger|
|Severe dislocation of Thumb|
|Fracture of One Finger||£3,500|
OTHER CHILD INJURIES
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Child Injuries Compensation Claim Solicitors – Settling the Claim
The calculation of a child injury claim for a child or adult for that matter is not an exact science. Following the accident the Solicitor would obtain all necessary medical records for the child including the GP and hospital. These medical records would then be forwarded to an independent doctor who will examine the child injuries and provide a written medical report setting out any relevant medical history of the child prior to the accident and take instructions from the child and or the parent about the accident circumstances and child injuries complained of. The doctor would then provide a full written report to the instructing solicitor about the nature and extent of the child injuries to the child following the accident claim. The doctor would also state in the report if –
- The child injuries have now resolved at the time of the examination and if so, when they resolved and if that time was reasonable having regard to the accident circumstances complained of
- The child injuries will be resolved following the examination, and if so when it is expected the child would recover from the accident. A prognosis would be expected by the solicitor from the doctor as to when (i.e. a date in the future) the child is expected to fully recover from the injuries.
- The child injuries are permanent. If that is the claim then the solicitor would expect the medical doctor to set out fully the extent and nature of the injury and how in both physically and mentally the child’s quality of life will be affected by the injuries suffered in the accident.
- The child injuries are so severe to require further medical experts from different disciplines to advise upon the full extent of the injuries to the child i.e. orthopaedic, urologist, accident and emergency consultant, psychologist amongst others.
- The child injuries are such that the expert will wish to take a “guarded” opinion about the nature and extent of the child’s injuries and will advise the solicitor to take a “wait and see” approach. What this means here is that the medical expert is unable to say with certainty that the child will be able to recover from the child’s injuries by a certain time interval in the future following the examination. Therefore to provide an more informed opinion about the injuries to the child, the expert will request to the solicitor that he or she would wish to see the child again in, say, a further 12 months time and examine the child once again and see how the child has recovered. The solicitor would then request a further medical examination at a later time and obtain another supplemental report on the child injuries before settling the claim.
Negotiations to Settle The Claim
Once the medical report has been sent to the solicitor from the medical expert the written report would be reviewed by solicitor and a copy will be sent to the child’s parents for approval. Once approved the solicitor will then consider the child injuries as set out in the report and compare the injuries with claims decided in the courts previously where other children had sustained similar child injuries. To solicitors this is called “precedents” and the compensation that will be payable to the child for the injury will be reflected by other cases decided in the past. The child injuries and accident solicitor will have to be guided by the awards in earlier claims decided in court. Once the solicitor has considered the compensation amount that is reasonable for the injuries the child has sustained then the solicitor will advise the parent (or litigation friend) of what the solicitor considers is reasonable compensation. Once the amount is agreed then the child’s injuries and accident solicitor will write to the other person at fault and attempt to settle the claim without even taking court action.
To settle the child injuries claim for compensation for the child’s injuries , the solicitor will often put forward the names of the precedent cases in support of the child’s claim. For the financial losses the solicitor would have obtained documents in support such as the repair/loss invoices, wage loss from the child parent’s employers, mileage allowance for travel and parking etc. These would be sent to the other solicitor representing the defendant and negotiations will take place. If the child injuries solicitors in the claim are unable to reach an agreement to settle the claim for child injuries and losses then the only other way to resolve the claim would be by the child’s solicitor taking court action or through mediation.