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Compensation for a Child Injury in an Accident in a Supermarket

If your child has sustained an injury in a supermarket, and the accident should have been prevented by the supermarket manager, it may be possible to claim compensation for a child injury in an accident in a supermarket against the store’s public liability insurance policy.

It is the responsibility of the supermarket manager to ensure that all hazards are removed from the store to ensure that customers — and their children — can visit the store safely, without being placed at an excessive risk of sustaining an injury. If a supermarket manager failed to take all reasonable and appropriate actions to reduce the risk of injury to the minimum practical level, and a child sustained an injury anywhere within the grounds of the supermarket as a result that lack of care, it should be possible for accident compensation for an injury to a child to be claimed.

Child Injury in an Accident in a Supermarket

Child Injury in an Accident in a Supermarket

The procedure for making a claim for an injury to a child differs from accident claims for injuries to adults, so it is important that legal advice is sought from a personal injury solicitor about how accident compensation for a child can be recovered – although a brief outline of the procedure is detailed below.

Claiming Accident Compensation for a Child as a Litigation Friend

A legal minor is not permitted by law to personal take legal action to recover injury compensation until the age of consent has been reached. However, a parent, legal guardian or other responsible adult (such as a foster parent or social worker) is entitled to make a claim for an injury to a child on behalf of the child by acting as a ‘litigation friend’.

A litigation friend must assume all financial responsibility for making the claim and should be prepared to see the case through to completion. The reason for claiming compensation for a child injury in an accident in a supermarket must be to benefit the child, and there can be no conflict of interest.

You should not be worried about taking legal action to recover accident compensation for an injury to a child. A solicitor will handle all of the paperwork and legal matters, and your involvement in the process will kept to the minimal possible level. The child will not need to be involved in the claim until the final hearing in court, which usually takes place in the Judge’s chambers rather than in open court.

Awards of Accident Compensation for an Injury to a Child in a Supermarket

If liability for the accident and injury is accepted by the supermarket’s insurance company, it may be possible to negotiate a settlement of compensation for a child injury in an accident in a supermarket without litigation being necessary. However, the case must always go before a judge, even if a settlement is agreed. A judge must be satisfied that the offer of accident compensation for a child is appropriate to cover all financial losses sustained (both past and future) due to the injury, and that adequate recompense is given for the pain, suffering and loss of amenity caused by the injury.

If it is necessary for the claim for an injury to a child in a supermarket to be resolved through litigation, a solicitor will prepare the case and will appoint a barrister to deal with the legal formalities in court. If the case is successful, the judge will decide on the amount of accident compensation for an injury to a child that is awarded.

Regardless of how the case is resolved, compensation will be held by the courts and awarded directly to the child when the age of 18 is reached. A litigation friend is permitted to apply for the release of a small proportion of the compensation award to cover any essential expenses such as medical treatment costs or to pay for education or other legitimate expenses.