Injuries to Children

We often concentrate on personal injury claims for adults and workers, but there are also children who can and often are affected by being involved in an accident.

Children are most vulnerable to suffering injuries as a result of accidents. There is also a higher duty of care required with respect to those responsible for causing, or who fail to take steps to avoid, the accident.

Children do not always understand or appreciate the consequences of their actions. Often children will run out in front of cars, or will be hurt doing things that we as adults would not do. Children do not understand the risks involved with certain activities and the law usually requires children to be closely supervised.

Teachers, coaches, instructors and others who are responsible for supervising children must take greater care ensuring that children are kept safe whilst under their care, regardless of whether it’s at school or elsewhere.

Motorists in particular owe a higher duty of care to children than other road users. They need to be on high alert and take whatever steps are needed to ensure that they avoid an accident in the event that a child does something unexpected.  Extra care must be taken by drivers when children might reasonably be expected to be in the area, for example near schools, school buses, playgrounds or fast food car parks.

If your child is hurt through the fault of another person, or as the result of someone failing to properly supervise, then you as a parent may have the right to bring a claim on behalf of your child against whomever caused or contributed to the accident or injury and a claim can be made for compensation.

The compensation that can be recovered on behalf of your child can include the following:
• Pain and suffering, loss of amenities and loss of enjoyment of life, for both the past and the future;
• Past hospital, medical and rehabilitation expenses (including all reasonable investigations and treatment provided by any medical or allied health providers);
• Any future potential medical and rehabilitation expenses;
• Any future potential lost income;
• Any future potential loss of superannuation entitlements.
• Past care and assistance that your child requires as a result of his or her injuries between the date of injury and the date of any settlement or judgement; and
• Any future potential care and assistance that your child is likely to require.

All claims may have very strict time limits involved, so it is very important that you seek legal advice as soon as possible by contacting us on 1300 302 318.

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