Why it’s important not to leave a child’s brain injury claim too late

Navdip Gill | Oct 2019

Overview

We are seeing a significant increase in the number of child pedestrian road traffic accidents that have resulted in Brain Injury.   These injuries have a huge impact on the child and their family and in some cases parents do not know if they are able to make a claim for compensation on behalf of their child.

If your child has been injured due to the negligence of a motorist then they are entitled to compensation.

The courts are usually sympathetic to children who have sustained a significant injury because a child does not have the same understanding and are not expected to be as careful as adults.  However, it is still important to have an experienced legal team to ensure the child receives the compensation and treatment needed to help their recovery.

What is critical to note is that anyone under the age of 18 at the time of an accident is considered a minor in the eyes of the law.  In respect of liability, the court will take into consideration the child’s age at the time of the accident as a child over 10 years will be considered as having more responsibility than a child who is under the age of 10.

Time limit to making a claim

The time limit to commence a claim does not start until their 18th birthday and any legal proceedings must be issued before their 21st birthday.  There is an exception to this rule in cases where the child lacks capacity and as such no time limits will apply.

How we can help

At Geoffrey Leaver Solicitors we take a bespoke approach on each and every claim that comes through the firm as no two cases are the same.  These cases are both complex and challenging, however, with our experience we are able to advise the parents as to the strengths and weaknesses of their child’s case on a no win no fee basis.

If your child has been injured in an accident and you are uncertain whether you have a claim then give our Personal Injury Team a call.  If you leave it too late then it may be difficult to prove the facts of the case and after the child has turned 21 you will be past the time limit set by the courts and unable to make a personal injury claim.

Here are just some of the cases we are working hard to recover the compensation our client’s deserve:

Child critically injured by a speeding car

We are acting for a young child who was knocked down by a speeding car whilst crossing a main road.  As a result of the accident the child sustained a brain injury and is in a permanent coma requiring 24 hour care and assistance for the rest of their life.

Our Personal Injury Partner, Navdip Gill, is representing the child and has agreed with the third party insurers to appoint a case manager who is now working with the multi-disciplinary team involving doctors, the local authority, the parents and the Child Brain Injury Trust to address the child’s immediate care needs.

At this stage of the claim Navdip is assisting the parents and trying to admit the child into The Children’s Trust Tadworth, which is a specialist paediatric rehabilitation centre. The cost of residential school and nursing care and support is approximately £318,000 (2018-19 figures) per year.

The Child Brain Injury Trust plays an important part in these cases because they provide some financial support as well as counselling for the family and siblings.

Student knocked by speeding van sustains brain injury

We also act for a student who was wearing headphones and as they crossed a side road was knocked down by a speeding van.  As a result of the accident our client sustained a serious brain injury and had to stop studying and is unable to hold down full-time employment.

Our role is now to secure compensation to support their recovery and to reach a place where they can live and work independently in the future.

Child sustains brain injury after van backs out of driveway

Finally we are acting for a child who was riding their bicycle on the pavement and was run over by a van reversing out of a driveway.  As a result the child sustained a brain injury, which has a impact on their learning ability and education; we were able to establish this by obtaining all his school reports from their junior school and comparing thee with his current reports.    We have subsequently instructed a Paediatric Neuropsychologist to establish the impact of the head injury on their education, with a view to establishing what financial settlement will secure the child’s future going forward.  We have also obtained evidence which confirms the type of work they can’t do such as a heavy goods or coach driver.

Give us a call

Navdip Gill is a Personal Injury Partner and head of the Personal Injury department who specialises in Brain Injury cases.  If you have any questions or need legal advice contact Nadip Gill on 01908 689338 or email ngill@geoffreyleaver.com for a free initial consultation.

Related content: Brain and head injuries

Navdip Gill, Partner

Navdip Gill 01908 689338

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         Chambers and Partners 2020

Chambers & Partners 2020:  Personal Injury Department is recognised by Chambers & Partners 2020 who noted the department as”efficient and effective, and easy to communicate with.”

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Categories: Personal Injury