Child Injuries & the Claims Limit

Usually you have three years from the date of an accident to make a claim for compensation but this isn’t the case for all injuries. If a child is hurt, they have until three years after their 18^th birthday to make a claim and this was the case for our client Matthew.

In 2003 when Matthew was just six years old, he was taking part in minor league football in a school gymnasium. Before the game started, Matthew noticed that the metal goal wasn’t right and he attempted to untangle the net from around the metal frame. Matthew jumped up and grabbed the net but because it was not anchored into the ground the entire goal fell on top of him with the top post striking Matthew’s forehead.

Matthew was trapped underneath the goal and suffered a deep cut to his forehead which required immediate pressure to be applied to stop the blood from gushing out. An ambulance was called and he was rushed to A&E. Matthew was immediately seen to and glue and butterfly stitches were applied. There was a high risk that he needed plastic surgery due to the extent of his cut.

Luckily, Matthew was strong enough for his wound to heal without the need for surgery but unfortunately, he was going to be left with a visible scar for life.

At the time Matthew’s mother tried to pursue a claim for personal injury following the negligence of the school, but the claim was rejected and no offers of settlement were made. Matthew’s mother struggled to find the right legal help and eventually gave up. That was until after his 18^th birthday when both she and Matthew contacted Irvings. Could we help even after all this time? We took immediate action and filed a letter of claim against the school.

This was a tricky claim as since the accident the school had been knocked down and rebuilt under a different name. Matthew was unable to bring a claim against the new school but we were still able to liaise with the insurance company for the former school.

Liability was denied immediately but due to various pieces of information and correspondences saved by Matthew’s mother we were able to see that the case had good prospects. As we pressed the case an offer of settlement was made by the defendant’s insurance company but that offer was unsuitable for the extent of Matthew’s scarring.

We sought advice from a barrister, obtained updated scarring photographs and made a counter offer. In May 2017, we received confirmation that our counter offer had been accepted and Matthew’s case settled for a figure that reflected the true extent of his injuries and suffering. Matthew was thrilled with the outcome.

If you or your child was injured due to someone else’s negligence, and a claim hasn’t been made, they may be able to pursue a claim against the negligent party upon turning 18. It is important to hang onto any paperwork, medical records, photographs and other evidence that could help their future claim. If you would like to discuss a personal injury claim or have questions about timescales, give us a call at 0800 954 0243.

Amy Wong
Trainee Solicitor, Irvings Law