How can I claim wrist fracture injury compensation for my son? He was in a playground when he fell off the equipment, fracturing his wrist in the process. Who is liable for his injury, and how can I claim?
Liability for your child’s wrist fracture injury compensation will be determined by whether a third party was responsible, who owned the playground in question and the circumstances of the accident. It must be remembered that a minor is unable to initiate their own claim to compensation or instruct a solicitor to do so on their behalf. For this reason, a parent or guardian must act as a “litigation friend” in order to claim compensation on the child’s behalf. As the process of claiming compensation for a child is slightly different, you are advised to consult a personal injury* solicitor if you believe you have a valid claim.
In order to claim wrist fracture injury compensation, liability for your accident must first be determined. This may be the owner of the playground, whether it is a school, the local council or a private company. Liability for the injury can depend upon the cause of the accident, whether it was insufficient supervision from a party who owed your child a duty of care or because the playground equipment was of a poor and unsafe standard. A personal injury* solicitor can help determine which party was liable for the accident and assist with gathering evidence.
To support a claim for wrist fracture injury compensation, evidence will be required to maximise the amount of compensation you can claim on behalf of your son. This evidence may come from CCTV footage, witness accounts who can verify the manner in which the accident occurred or that the equipment was of an unsafe standard and your son’s medical records.
Once an offer of compensation has been made — from the negligent party or their insurers — approval must come from a court. The compensation offered will then be paid into court funds until the child turns eighteen. However it is possible to have funds released upon application to the court for educational or medical expenses. The amount of compensation to which you may be entitled will depend on various factors, such as the severity of the injury itself, the effect it has had upon your child’s livelihood if he is unable to partake in events he would have enjoyed and psychological trauma if he has suffered confidence issues since the injury. For further information on making a wrist fracture injury compensation claim, you are advised to consult a personal injury* solicitor at the earliest opportunity.