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Assessment of Compensation Awards For Child Injuries

The following is only a guideline to give parents an idea of how much compensation for whiplash, neck, back or injury to the body could be awarded for child injuries following an accident. 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 or children a written medical report will be sent to the child injuries solicitor and to the child’s parents for approval. Once approved the solicitor will then consider the 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. 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 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 child injuries solicitor considers is reasonable compensation. Once the amount is agreed then the child injuries solicitor will write to the other person at fault and attempt to settle the claim without even taking court action.

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.

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Regulated By The Solicitors Regulation Authority

 

Body, Back & Neck Awards

Injuries Involving Paralysis
Quadriplegia

£262,350

£229,900

Paraplegia

£262,350

£326,700

 

Neck Injuries

Severe (incomplete paraplegia)

£14,100

£220,000

Moderate to severe with permanent damage

£49,320

£106,360

Moderate to severe damage to soft tissues/tendons

£25,126

£32,000

Fractures and dislocations, limitation of movement

£12,500

£22,130

Whiplash, disc lesion need for surgery

£12,500

£22,130

Whiplash, complete recovery within a few years

£3,750

£7,000

Whiplash recover within one to two years

£2,500

£3,750

Whiplash recover within one year

£1,000

£2,500

 

Back Injuries

Severe, not involving paralysis

£73,700

£103,130

With bladder/bowel impairment etc.

£59,950

£71,500

With disc lesions, depression & severe pain

£31,350

£56,375

With crush vertebrae, osteoarthritis, pain

£22,440

£31,350

With prolapsed discs, laminectomy, some pain

£10,120

£22,440

With sprains, strains, full recovery expected

£1,705

£6,380

 

Shoulder Injuries

Serious, dislocations, permanent weakness

£10,340

£15,510

Moderate, with some limitation/discomfort

£6,380

£10,340

Minor, recovery with a year

£3,200

£3,520

Fracture of the Clavicle

£4,180

£9,900

 

Chest Injuries

Loss or removal of one lung

£81,400

£121,330

Traumatic injury with permanent damage

£53,075

£81,400

Damage causing some continuing disability

£25,300

£44,330

Minor to moderate injuries

£10,175

£14,520

Fracture of ribs with full recovery

£2,900

£3,190

 

Lung Disease (Including Asbestos claims)

Causing serious disability and premature death

£81,400

£110,000

Mesothelioma, lung cancer or asbestosis

£56,650

£101,750

Causing quite severe impairment

£56,650

£78,650

Breathing difficulties, use of inhaler

£25,300

£44,330

Pleural plaques with no serious symptoms

£16,830

£25,300

Pleural Plaques (provisional damages)

£8,580

£16,830

 

Asthma

Severe and permanent

£34,815

£53,075

Chronic, requiring frequent use of inhaler

£21,230

£34,560

Restrictive function, affecting work

£15,510

£21,230

Mild, recovery within a few months

£3,800

£4,180

 

Digestive System

Severe damage, continuing pain and discomfort

£34,760

£50,050

Moderate, aggravated by physical strain

£13,585

£22,440

Minor to moderate

£5,390

£10,175

 

Reproductive System: Female

Infertility (young)

£92,950

£136,950

Infertility with children

£19,140

£25,300

Failed sterilisation

£7,500

£8,250

 

Kidney

Serious impairment to both kidneys

£136,950

£169,950

Total loss of natural kidney function

£47,000

£51,700

Loss of one kidney

£24,860

£36,300

 

Bowels

Total loss of natural function

£110,300

£121,330

Moderate to severe loss of function

£36,025

£56,370

Minor to moderate

£10,175

£19,800

 

Bladder

Total loss of natural function and control

£103,250

£113,575

Moderate to severe loss of function

£51,700

£64,625

Minor to moderate

£18,920

£25,300

 

Spleen

Total loss with risk of infection/disorders

£16,830

£21,230

Moderate with minimal risk of infection

£3,520

£6,985

Minor to moderate

£1,000

£2,100

 

Hernia

Severe Continuing Pain, limitation of movement

£12,100

£19,525

Moderate to severe

£5,665

£7,370

Minor to moderate

£2,750

£5,830

 

Maximise Your Compensation: All our child injury clients who have won their claim have had no deductions from their compensation. You will receive 100% of your compensation win or lose!

The above compensation child or children  injury are guides only assessed by Hutcheon Solicitors over a period of many years by the courts and out of court settlements. Every case is individual and will be assessed on that basis. It is important to note that the compensation injury awards are only part of what can be claimed. Children and their parents can claim a great deal more such as loss of earnings, care charges, car hire, loss of bonus, repair charges, damage to clothing, travel expenses and much more.

OTHER CHILD INJURIES

CLICK HERE for Child Injuries to Head and Facial Injuries

CLICK HERE for Child Injuries to Back, Neck, Body & Internal Organs

CLICK HERE for Child Injuries to Upper Limbs – Arms, Hands, Fingers

CLICK HERE for Child Injuries to Lower Limbs – Legs, Knees, Ankles, Feet, Foot, Toes

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Regulated By The Solicitors Regulation Authority

Child Injuries Compensation Solicitors Claim – How The Claim Is Settled

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.

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