Can I claim injury compensation for a child knocked down by a car?
You may be eligible to pursue injury compensation for a child knocked down by a car if you are able to prove that a person other than your child was at least partially responsible for the accident. As every road user owes each other a ‘duty of care’ – meaning that they are obliged to take precautions to ensure the health and wellbeing of other road users – it is possible that the person who knocked down your child with a car may be held responsible for what happened.
In order to pursue child injury claims, claimants may be expected to gather evidence to support their claims. CCTV evidence, pictures of the scene and your child’s injuries, and witness statements are among the commonly used pieces of evidence in a claim for a child road injury. Claims for injury compensation for a child knocked down by a car may also be supported by a police accident report, which is normally completed by an officer who attends the scene or at the station after the event. It is important that both you and the driver of the vehicle which hit your child provide statements to the police independently of each other.
Although many of the steps involved in pursuing compensation on behalf of a child are similar to those taken in circumstances in which an adult has been injured, there are some differences. Children, for example, are not legally allowed to pursue a claim for a child road injury by themselves, or to instruct a lawyer – in this situation a “Litigation Friend” is appointed, usually a child’s parent/guardian. In order to be eligible to serve as a “Litigation Friend” an adult must not have any conflict of interest in the claim – be the person responsible for the child’s injuries for example – and must be willing to bear any financial cost incurred by the claim.
Although it is usually easier to pursue child injury claims as soon as possible after the event – witness statements and other evidence can prove more difficult to obtain the more time goes by, it is possible to wait until a child reaches eighteen years of age to allow them to pursue a claim for a child road injury alone. Once the child reaches adulthood however, the Statute of Limitations applies and the child has three years in which to pursue a claim.
It is impossible to determine from the information provided in your question whether or not you are entitled to pursue a claim for child injury compensation on behalf of your child. In order to ascertain whether or not you are eligible to pursue child injury claims, speak with a personal injury claims lawyer at the first available opportunity. Claims for injury compensation for a child knocked down by a car are always best pursued with the assistance of an able and experienced personal injury claims lawyer.