Children and Whiplash
Whiplash in children: can I make a claim?
Despite the development of high quality child seats in cars, children are still vulnerable to whiplash injury in the event of an accident. It is a mark of the safety of child seats that more children are not diagnosed with these kinds of injuries, particularly as the average six year old’s spine is only a quarter as strong as an adult. However, because children tend to ride in the backs of cars, which are known to be safer that the front and children have a greater range of spinal motion, the incidences of children suffering whiplash injuries are thankfully quite rare.
Having said that, a victim is still a victim no matter what age and children injured in accidents have the same rights to compensation as an adult. Unlike adults though, the three year limitation on pursuing a compensation claim for injury is not applicable. A claim can be made on behalf of the child up to their 18th birthday. Once the child has turned 18, they still have the statutory three years from that date to continue pursuing a claim for themselves, enabling them to pursue a claim until they are 21.
Anyone under the age of 18 is seen as a minor in the eyes of the law and therefore a claim for compensation has to be made for them. This is done by appointing what is known as a ‘litigation friend’ who acts on behalf of the child and this is usually a role adopted by a parent or guardian. However, the most important thing to remember here is that the litigation friend cannot be someone directly involved in the accident - it has to be an independent party in respect of the accident or circumstances that caused the injury. Although evidence and eyewitness accounts by those involved in the accident are submitted as evidence, anyone involved in the accident cannot take the role of a litigation friend as their position will be considered to be biased in favour of the child.
Whiplash injuries can take much longer to heal fully than expected, with the pain of the injury only becoming noticeable some time after the initial accident. The first priority should be to get an injured child to a doctor or medical centre where a specialist can check the seriousness of the injuries. The emphasis has to be on treating the child. The thought of compensation can be dealt with at a later date, but during the child’s treatment it may be prudent to talk to the medical staff and discuss the possibility of further action. In this way you are preparing the ground to build a case to compensate your child for their suffering.
It’s also worth remembering that road traffic accidents are not the only causes of whiplash injury. Children can also suffer the same kind of trauma to the neck and shoulders from participating in sports, particularly contact sports such as rugby. In cases such as these a compensation claim could be justified if it is not felt that every possible precaution has been taken to prevent the children being injured.
Specialist solicitors who deal with child claims are aware of the sensitive issues surrounding these cases. They are particularly aware of how traumatic the process can be for a young child and for the family as well. In the past, whiplash injuries in children have been overlooked. But thanks to the concerted efforts of paediatric medical experts and claims specialist lawyers the position has shifted towards helping victims of whiplash, no matter what their age, gain the medical treatment and the support that they so rightfully deserve. So in answer to the question, “Can I claim for my child’s whiplash injuries?” the response is most definitely, Yes.
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