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Understanding personal injury claims for minors

By Robert Frost

Published In: Personal Injury

In June 2020, 15-year-old John was involved in an accident while riding his bike along a quiet road. What should have been an ordinary journey turned into a traumatic event when, emerging from an alleyway, he was struck by a car.

young boy pressing the button to cross the road

The impact was severe: John was thrown into the air, hit the car’s windscreen, and crashing through  it before landing inside the vehicle.

Thankfully, John was wearing a helmet, which likely prevented even more severe head injuries. But despite his helmet, he faced a significant journey of recovery due to multiple injuries sustained in the accident.

Immediate injuries and long-term effects

The accident left John with a nasty head wound and a concussion, leading to persistent symptoms. While he didn’t lose consciousness, his head injury resulted in vomiting over the following days, intense headaches that lingered for five months, and a ringing in his ears for an entire week afterward. His neck was sore and stiff, with particular discomfort when turning his head—a symptom of soft tissue damage. The trauma extended to his jaw and gums, causing pain that would persist for several months.

Other physical injuries included severe pain and stiffness in his lower back and right hip. His body also bore extensive bruising, particularly in his lower back, hands, and knees. These painful symptoms required medical attention, so John was taken to the local accident and emergency department for treatment and evaluation. The effects of his injuries not only impacted his physical well-being but also his day-to-day activities, mobility, and mental health for an extended period after the accident.

John’s legal options for compensation

In situations like John's, where injuries arise due to someone else’s negligence, the injured party may be entitled to seek compensation for medical expenses, ongoing treatment, and other costs associated with the injury.

In the UK, a person typically has three years from the date of the accident to file a personal injury claim. However, because John was a minor (under the age of 18) at the time, the three-year period for him to bring a claim didn’t start until his 18th birthday. This means that John had until he turns 21 to file a claim.

Why timely legal action matters for minors

Filing a claim for compensation after a significant injury can be an essential step toward recovery, as it can provide resources for medical expenses, rehabilitative therapy, and other support systems to aid physical and emotional healing.

For minors, the law provides additional time to pursue such a claim, recognising the unique circumstances surrounding children and teens and the ongoing nature of some injuries that may not fully manifest until adulthood.

The path to recovery and resolution

John’s story highlights both the physical toll of such an accident and the legal rights available to young people in similar situations. While the immediate aftermath of an accident can be overwhelming, understanding your legal rights can make a crucial difference.

Seeking medical help, addressing injuries with adequate time for healing, and considering legal options are all essential steps. For John, the law’s provisions offer time to reflect, heal, and decide on the best course of action with his family, aiming toward a future where his physical recovery and rights are fully acknowledged.

If you’ve been involved in an accident and would like to discuss your options, contact us for a no obligation chat. Call 01302 320621 or email help@switalskis.com

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Robert has over 5 years’ experience in the legal sector. He is a Chartered Legal Executive in the Personal Injury department.

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