Has your child been injured in a car accident? Our specialised and experienced team of personal injury lawyers are experts in child injury compensation claims.
CHILD INJURY CLAIMS
Many of our major personal injury claims involve young children, some as young as babies and toddlers, who have been seriously injured, mainly in road accidents
These cases are particularly sad. They can also be very challenging. Sad, because seriously injured children face many years of pain, anguish, and loss of independence. Furthermore, they are likely to have to live with their injuries after their parents are no longer able or around to care for them.
Complex, because predictions have to be made as to what the injured child would have achieved personally, and in his or her working life had the injury not occurred.
Most major motor vehicle accident claims for children cannot be finalised until the children have reached adulthood when the long-term negative consequences of their injuries can be ascertained and a prediction made in relation to how their lives will be restricted, including their earning capacity, for the many years ahead.
Claims for injured children cannot be settled without the approval of the court if the child is under the age of 18 at the time of settlement or the child’s injuries are so severe that the child lacks the capacity to provide his or her lawyers with instructions, eg, a traumatic brain injury cases.
We have over 40 years of experience in obtaining significant compensation for injured children which, whilst can never fully compensate them for their terrible beginning to life, can provide them with financial security and comfort.
In many traumatic brain injury cases for children the claim for damages includes a very significant allowance for the cost of funds management because the child will never be able to manage a large sum of money themselves, even in adulthood, and many such accident victims are vulnerable to exploitation by others and therefore need protection.
Because the injured child is unable to provide instructions, and in fact is not allowed to before the age of 18, a Tutor has to be appointed to stand in the shoes of the child and to give instructions. The Tutor is normally a family member of the child. The Tutor has a duty to at all times act in the best interests of the child.
Read some examples of the successful child compensation claims that Stacks Goudkamp have brought on behalf of injured children.
WHY CHOOSE STACKS GOUDKAMP FOR YOUR CHILD’S COMPENSATION CLAIM?
Stacks Goudkamp’s lawyers for motor vehicle accidents are well-respected in Australia. We specialise in personal injury law, including child injury compensation claims. Here are a few reasons why you should choose Stacks Goudkamp for your child’s compensation claim:
Expertise: The team at Stacks Goudkamp has a wealth of experience in handling child injury compensation claims, and we understand the unique challenges that come with these difficult claims.
Compassionate: Our child injury lawyers are compassionate and empathetic towards our clients; we work hard to ensure that our clients receive the support and compensation they need and deserve.
Successful track record: We have proven track record of success in securing compensation for our clients, we are committed to achieving the best possible outcome for every client.
Client-focused approach: We pride ourselves on putting our clients first and taking a personalised approach to every claim. We work closely with our clients to understand their individual needs, and we keep our clients fully informed during their claim.
Resources: We have the resources and expertise to effectively navigate the complex personal injury law system and fight for the rights of our clients.
Stacks Goudkamp is the steady hand you can trust, the lawyers you know. The ones who care about you, what you’re going through and who treat you like a person, not just another claim. We provide the attention of one lawyer, backed by the expertise and hard work of many.
My apologies for not having written earlier, to be honest I was taking a big break from having to think about our case. Firstly, I would like to thank you for being such a genuine and approachable person during what has been possibly the most stressful time of our life.
The compensation claim is commenced in the same way as any compensation claim for an adult, namely by completing and submitting a completed personal injury claim form with the CTP/green slip insurer of the vehicle involved in the accident.
This all depends on where the accident happened, whether it was in the day or night and whether the driver of the car which hit your child had any opportunity to avoid the accident. In the vast majority of cases some responsibility will be sheeted home to the driver of the car for driving too quickly, failing to keep a proper lookout, failing to sound a warning to the child. Prudent drivers must always be on the lookout for children who can often act irresponsibly when it comes to road safety. If your child is under the age of 6 at the time of the accident he or she cannot be found guilty of any contributory negligence. That’s because a child of that age is simply too young to be responsible for his or her actions. Children above the age of 6 or 7 can be found guilty of contributory negligence if they were partly to blame for the accident. In the vast majority of the cases which we have handled over many years we have succeeded in negotiating very significant settlements for injured children, even though they were partially responsible for their own injuries.
It is rare that a child struck by a car, motorcycle or some other motor vehicle escapes such a trauma without serious injuries. In our experience the most common injuries suffered by children hit by cars and other motor vehicles are spinal cord injuries or traumatic brain injuries. They are unbearably tragic, not only for the child but for the child’s family.
That really depends on the severity of the injuries, the age of your child and when it would be prudent to finalise the claim which will take into account the long-term consequences of the injuries over the child’s life. In most cases involving children it is prudent to wait until the child reaches adulthood before completing the case. In any event children are unable to receive any compensation until they turn 18 and any settlement proposed before the age of 18 must receive the approval of a judge in the District or Supreme Court. Therefore, in accidents involving very young children, even babies or infants, it can sometimes take decades before a claim can be satisfactorily finalised.
In our experience most compensation claims for children injured in motor vehicle accidents and in other types of accidents are settled without having to go through a court hearing. This is possibly because insurers are very conscious of the sympathy a seriously injured child may receive from a judge in the Supreme or District Court.
The biggest differences are that it takes much longer to finalise compensation claims for children because they are unable to obtain any compensation until they turn 18, the long-term effects of injuries are quite often not known until a child has reached adulthood, a child injuries may take many years to stabilise, particular injuries involving growth plates and brain damage. They are also different because there is no “track record” for the child in relation to work and other activities before the accident, unlike claims for adults who generally have a work record to inform us as to what the injured person’s most likely future circumstances would have been, in relation to employment etc, had they not been injured.
If your child has been injured accident, it can have devastating impacts on your life and finances. You may be able to initially receive compensation through at least the payment of your medical expenses and wages.
You may also be entitled to receive compensation for the following:
The amount of compensation you will receive depends on many factors. These include:
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For over 40 years, Stacks Goudkamp has been helping injured Australians to receive the compensation they need and deserve.
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For
over 40 years, Stacks Goudkamp has been helping injured Australians to receive the
compensation they need and deserve.
Call or Email us to start the process and to receive expert legal advice for personal injury or compensation claims. Seek the professional support you deserve on (02) 4058 2715 or enquire online through our website.
We are just a call or email away. Do not struggle with complex personal injury claims processes and in dealing with insurance companies on your own. We are here to listen and to help you to get the compensation you deserve.
We will not charge you for a comprehensive initial consultation where we will listen to your needs and provide you with free detailed advice. Compassion is what drives us. You can be sure that your questions will be answered.
Here, we will explain the next steps and what it takes to achieve the best possible outcome.
We will not require you to pay our legal fees, or any expenses (disbursements), unless we win your personal injury claim i.e you receive compensation. We know that being injured can result in terrible financial pressures.
We pride ourselves on giving every injured Australian the peace of mind that we will look after them by acting on a no win no fee basis for their compensation claims.
Contact your local team for a free consultation to find out if you are eligible for compensation