whats the best way to make a claim for a fall for 12yr old ?

kennyjosiah

Hi, I dont know where to go to ask, but my 12year old son fell over a pothole in the local carpark which is council owned it is full of potholes and a right state and was obviously an accident waiting to happen, he broke his left arm in two places had to have an operation to set it and now has plaster from his wrist to his shoulder, I feel so angry and upset for him, that I want to pursue this but dont know how to go about it, I have seen no win no fees but are these ok as I want the best for him and if a child claims will it go into a trust for him for when he is 18 ? which would be better as he would have spent it within the week on games and sweets, thanks in advance any help advice would be appreciated :money:

InsideInsurance

Have you actually complained to the council yet?

Your options are either no win, no fee - if you google you'll even find ones that will pay you to allow them to represent you. Alternatively if you have Legal Expenses/Protection on your Home insurance then they will instruct solicitors to handle the case for you.

kennyjosiah

InsideInsurance wrote: »

Have you actually complained to the council yet?

Your options are either no win, no fee - if you google you'll even find ones that will pay you to allow them to represent you. Alternatively if you have Legal Expenses/Protection on your Home insurance then they will instruct solicitors to handle the case for you.

we havent contacted the council yet it only happend wed/thurs so were just re-charging our batteries today been a hectic two days, do we need to complain first to the council ? I will check out our house insurance not sure if it includes legal protection, and wasnt sure how the no win no fee solicitors work sounds too good to be true and wanted to know if there are hidden fees i should look out for before going ahead either if we win or lose, thanks for your response

InsideInsurance

No, the additional cost involved in conditional funding (as it is correctly called) are paid by the defendant if they lose. The solicitor you use should explain how conditional funding works and also check with you that you dont have any legal expenses/protection policies that they may be able to operate under.

Do you need to contact the council first? From a claims perspective no, from a concerned parent/ citizen perspective I personally would have said you should be letting them know of the issues. Problem generally is that everyone things that someone should be doing it but it not them so nobody ends up doing it.

pendulum

Another council tax rise because people can't look where they're going.
How would he cope in a wood with tree roots sticking out and uneven terrain?
If there were potholes everywhere as you state then why didn't you or he see them.
If I had tripped over in a car park on a pothole then claiming wouldn't cross my mind, it would be my fault.
There - someone's said it.

Quentin

pendulum wrote: »

There - someone's said it.

Someone was bound to. You forget this forum is for insurance issues, not sermons!

It doesn't help the OP at all does it? (Or the child (who cannot personally sue the council) - any parent would (should) want to help)

mikey72

pendulum wrote: »

Another council tax rise because people can't look where they're going.
How would he cope in a wood with tree roots sticking out and uneven terrain?
If there were potholes everywhere as you state then why didn't you or he see them.
If I had tripped over in a car park on a pothole then claiming wouldn't cross my mind, it would be my fault.
There - someone's said it.

If the carparlk isn't maintained, your council tax has been wasted anyway. I pay mine for them to provide services, so good for the op for making a stand when they don't provide them decently. Maybe they'll do something about it now. And to the op, I hope he recovers, and good luck with the claim.

bouncydog1

And I think you'll find that the council have a legal duty to maintain areas to which the public have access. Would you (pendulum)be quite so scathing in your response if you were watching one of your own children in pain from someone else's negligence? The forum is to try and help people with insurance issues - if you don't want to respect that then clear off (there someone's said it)!

mildred1978

bouncyd!!! wrote: »

And I think you'll find that the council have a legal duty to maintain areas to which the public have access. Would you (pendulum)be quite so scathing in your response if you were watching one of your own children in pain from someone else's negligence? The forum is to try and help people with insurance issues - if you don't want to respect that then clear off (there someone's said it)!

It's only negligence though if they knew about it.

warehouse

When I was a kid I fell over in the school playground and broke my arm. Six weeks later the plaster was taken off, the next day I fell over and broke it again in the same playground. My parents didn't sue. Strangely it didn't harm me long term as it won't your son. Move on and stop looking for compensayshun.

mikey72

warehouse wrote: »

When I was a kid I fell over in the school playground and broke my arm. Six weeks later the plaster was taken off, the next day I fell over and broke it again in the same playground. My parents didn't sue. Strangely it didn't harm me long term as it won't your son. Move on and stop looking for compensayshun.

Twice? In the same place? Darwinism springs to mind there.