Acting for Injured Children in Compensation Claims

Injured Children Claims – Quick Answer

When a child is injured because of an accident, unsafe premises, medical treatment or another person’s negligence, the claim process usually needs extra care. A parent, guardian or other approved person may need to act on the child’s behalf, and any compensation should reflect the child’s immediate and future needs.

Claims involving children can involve different procedural considerations, so families should get legal advice early.

Child injury claims need careful handling because the claim must protect the child’s current wellbeing and future needs.

Child Injury Claim Checklist

• Medical treatment: Keep reports, referrals and recovery plans.
• Incident evidence: Photos, witness details and reports.
• School/care impacts: Record absences, support needs and changes.
• Future needs: Consider treatment, care and long-term effects.
• Legal authority: Clarify who can give instructions for the child.

Can a child make a personal injury claim?

A child may be able to make a personal injury claim through a parent, guardian or other authorised person.

Acting for Injured Children – no parent or guardian ever expects that something horrible could happen to their child.  It is important to know what steps can be taken to protect your child’s future if they sustain an injury through no fault of their own.

Some of the most common accidents in which children suffer injuries are:

1. Motor vehicle accidents.
2. Pedestrian accidents.
3. Accidents while at school.
4. Dog attacks.
5. Accidents in public places including playgrounds.
6. Accidents at recreational and sporting centres.
7. As a result of medical negligence.

Who acts on behalf of an injured child?

Usually an adult acts for the child to give instructions and protect the child’s interests.

Acting for injured children in their compensation claims requires a high level of experience, skill and understanding.

Children can’t make their own legal decisions, or provide lawyers with instructions, until they turn 18.  They must rely on others to provide these instructions, usually one of the child’s parents.

The cost of investigating and treating a serious injury suffered by a child can be significant.  These costs may be costs which will need to be incurred over the remainder of the child’s life.

The outcome of medical and other rehabilitative treatment may take some time to be known.  It is often difficult to predict how a child may recover from their injuries soon after they occur.

With young children who have suffered traumatic brain injuries it is important to wait until the child has completed his or her education to ascertain the adverse impact the child’s cognitive deficits may have had on the child’s academic performance.

What injuries or incidents can lead to a child injury claim?

Claims may arise from road accidents, public liability incidents, school injuries, medical negligence or other preventable harm.

Compensation is paid as a “once and for all” lump sum – there is no coming back for more if something has been overlooked.  For this reason, we often have to wait until the child reaches adulthood before finalising their case.

Compensation Might Be Payable For:

1. Pain and suffering (non-economic loss.
2. Past medical expenses.
3. Future medical and rehabilitation expenses.
4. Past care and assistance provided to the child.
5. Future care and assistance.
6. Past loss of earnings (if applicable).
7. Past loss of superannuation (if applicable).
8. Future loss of earnings.
9. Future loss of superannuation.
10. Increased travel costs.
11. Funds management costs.

Families can also read about child injury claims and related compensation options.

What evidence should families keep?

Families should keep medical reports, photos, incident records, school impacts and expenses.

Any settlements before age 18 must be approved by the Court as being in the child’s best financial interests.

Children can’t collect their settlement or verdict monies until they turn 18.  If claims are settled or decided before that age the funds are generally invested with a funds manager.

While you can focus on your child’s medical treatment and recovery we can ensure that your child’s legal rights are preserved.

Strict time limits apply to claims available to children.  While you can focus on your child’s medical treatment and recovery we can ensure that your child’s legal rights are preserved. Do not delay speaking with a lawyer.

How can Stacks Goudkamp help families?

Stacks Goudkamp can advise families on whether a child injury claim may be available and what steps to take. We act for injured children and others who have been injured through negligence.

We will act for you on a no win, no fee basis. We will gather evidence from various medical experts, the police and other experts. We will also examine how your injuries have impacted your ability to participate in the activities you enjoyed prior to the accident and your ability to continue working. We conduct thorough negotiations with at-fault parties and insurers in order to obtain the maximum amount of compensation you are entitled to. In many cases, we are able to do this successfully without the need of going to court.

If you or someone you know has been injured as a result of negligence you should contact Stacks Goudkamp, on 9237 2222 or enquire online.

Written by Karina Goodall

Karina Goodall is a Practice Group Leader at Stacks Goudkamp and specialising in motor vehicle claims, superannuation and TPD claims.