What to Do If Your Child Suffers From a Personal Injury While You’re Traveling

Although accidents are part of a childhood experience, if an accident occurs while you are traveling with your child due to someone’s negligence or lack of safety measures, you may need to claim for compensation. Unfortunately, very few parents go ahead to start the proceedings, while very many parents avoid proceeding to file the case because they do not know if they are required to claim, or at times, they do not have the money for the legal fees.

Personal Injury attorney Tampa would like to share with you several things you need to know on how to file for a child injury claim.

Anyone can file for a compensation claim thanks to the no win no fee agreement

Most parents are concerned because they don’t have the money to cover for a solicitors fee. However, you don’t have to worry about the legal fees when you are in the process of filing for your child’s injury compensation claim.

When you talk to most solicitor’s, they will take your child’s injury case on a ‘No Win, No Fee’ agreement or a Conditional Fee Agreement. On this agreement, you are not required to make any upfront payment during the litigation process. The process works as below:

Solicitor working on a ‘No Win, No Fee’ agreement tend to offer a free appointment. The solicitor then evaluates the case’s merits during the first free consultation. If they think the case is solid, they will agree on taking the case on a Conditional Fee Agreement basis. Once they have accepted to take on the case, you will sign a document that commits you to pay a percentage of the settlement to them if you win the case. This amount will only be paid once you have received the compensation; you will not have to pay out of pocket at any instance. In case you lose the case, you will not be required to pay anything.

Something you need to keep in mind. Since the solicitors will take up your child’s case without receiving any payment, they will do a thorough background check on the case to ensure they have a strong case. If they find many loopholes or weak spots, they will advise you against pursuing the claim.

The time limit for filing a child personal injury claim

The adult’s time limit for filing an injury is different from that of a child. For adults, you must file the compensation claim within three years after the date of the accident. If the victim is below 18 years when the date of the accident occurs, then the 3-year limitation will take effect after the child has had his or her 18th birthday. Now, for a child who is below 18 years of age, the personal injury claim can be filed at any given time before they turn 21 years old.

Amount of compensation you expect your child to receive

The child and the family members are going to be affected when a child is involved in an accident. To determine the amount of compensation the court will award the child, the court will look at several factors about the accident. These factors that are going to be considered are not limited to the points listed below by personal injury attorney Tampa :

  • The impact of the accident on the life of the child.
  • The seriousness of the injury.
  • If treatment or additional support will be needed in the future as the child recovers.
  • The amount of money the parents have lost in terms of income for them to take care of their child.

The amount of money the child will be compensated will be in three parts:

  • Compensation for suffering, pain, and reduction in the quality of life
  • Actual legal and medical expenses including transport to the court and hospital.
  • Compensation for future expenses and losses for the necessary medical treatment.

Speak Your Mind