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

paddedjohn

OP, id feel miffed aswell, i could sort of understand an adult claiming compensation for loss of earnings but how is a few hundred/thousand quid going to help a 12 year old? i mean its not as if they are out of pocket is it.

chris-j

kennyjosiah wrote: »

... I wasnt actually with him at the time ... I have informed the council of the potholes so hopefully they will sort it but as there have been several complaints I doubt anything will change

So presume he has witness that he fell over pothole and did not just trip because he is clumsy.
So you contacted the council eventually and are already aware of other complaints being made - you never mentioned this before. Is the carpark actually the councils responsibility since it is beside your house. When builders finish housing development's they (or the owners of the houses built) often have to maintain the surrounding roads until the local council adopt responsibility for the road which can sometimes take years. When they do this they do not necessarily take responsibility for car parks (otherwise they would charge you to park there) - if this is a residents car park then your potential claim may be against original developer or perhaps yourself.

societys_child

his mind wasnt 100%

who you gonna sue for that?

FGS, if I'd tried to sue someone every time my two sons broke a bone, it would have been a full time job.

sharjay99

My son fell over at school and broke his arm, initially the hospital told me I could leave it to heal but he would have a noticeable lump forever or they could operate meaning he had to go under general anaesthetic. Then after speaking to the head consultant they said the break was too bad and they had to operate, taking the decision out of my hands...

He was about 10 at the time. Frankly I was more bothered worrying myself about him having an operation etc than asking questions to put in a claim against an establishment that cannot wrap my son in cotton wool all day. After sleeping in a hospital chair next to him and waiting for him to come round the next day, I took him home and looked after him.

He was more impressed with having a plaster on his arm than worrying about me trying to claw some money out of anyone I could and theres been no lasting damage to him. Hes learnt about being a child not learning how to be opportunist!

ILW

kennyjosiah wrote: »

Oh really well you try sitting with a 12yr old in agony from a badly broken arm, frightened to death of the operation he was about to undergo to set the bones in place ,, !

Never mind, you can pass the time working out what you might do with all that lovely compo.

Give it a year and arrange for him to break the other arm and you will be quids in.

faerie~spangles

kennyjosiah wrote: »

Oh really well you try sitting with a 12yr old in agony from a badly broken arm, frightened to death of the operation he was about to undergo to set the bones in place ,, and yes there are potholes everywhere and he has crossed it several times but on this one occassion his mind wasnt 100% on carefully stepping over each minefield and he tripped over one, obviously an accident waiting to happen, I wasnt actually with him at the time its right next to our house and as hes 12 I dont actually feel the need to play out with him and his friends and I can confirm that he wasnt attached to a skateboard at the time and to all other commentors on here the carpark is next to our house and that is why shock horror my son was crossing the carpark (tsk parents today huh) and I have informed the council of the potholes so hopefully they will sort it but as there have been several complaints I doubt anything will change .... and do you know what I find it hard to believe that if you had tripped over and badly broken your arm you wouldnt feel a little bit miffed also !

remind me not to ask for a bit of advice on here again !

Presumably there is a public footpath adjacent to the carpark?

Shock horror: kid falls whilst using a shortcut.

Dad is looking for financial compensation <<<<<<:rotfl:

vaio

paddedjohn wrote: »

OP, id feel miffed aswell, i could sort of understand an adult claiming compensation for loss of earnings but how is a few hundred/thousand quid going to help a 12 year old? i mean its not as if they are out of pocket is it.

So assuming the council is liable, are you suggesting that only strictly financial losses should be compensated? So nothing for pain & suffering? Nothing for the operation & scarring? Nothing for restricted life style whilst healing?

Same apply to an OAP in the same accident? How about a worker who gets full sick pay? No financial loss there either.

More generally, for those throwing stones about the OP's desire to ensure their child is compensated, what is an acceptable level of pain & suffering/scarring/disability etc for others to negligently inflict on your family members before you would also seek recompense?

sarahg1969

OP, you can find a local solicitor specialising in PI, who will offer you an interview, take details and make some enquiries, and assess the likelihood of succeeding in a claim.

No one on here can possibly know whether or not the council are or are not liable for your son's injuries, and their comments are irrelevant.

societys_child

vaio wrote: »

More generally, for those throwing stones about the OP's desire to ensure their child is compensated[, what is an acceptable level of pain & suffering/scarring/disability etc for others to negligently inflict on your family members before you would also seek recompense?

The OP states:
"his mind wasn't 100%"

Compensated for what? For not watching where he's going?

vaio

societys_child wrote: »

The OP states:
"his mind wasn't 100%"

Compensated for what? For not watching where he's going?

Yep, but the question is would he have fallen had the pot hole not been there?

Following your logic, the roads and pavements wouldn't be subject to any duty of maintenance as any pedestrian/driver will be able to spot the uneven slabs/6" potholes/3 ft holes and avoid them.

Sure the boy has a duty to look where he is going but the council (as a result of '00s of years of legal evolution) also have a duty to maintain their car parks, pavements & roads etc. The system has the ability to adjust compensation to take into account contributory actions.

Me? I expect the roads I walk & drive on to be properly maintained and if the council decide they want to try and save a few bob by not doing the maintenance they should they need to realise there is a possible downside in that if people are injured as a result then they rightly expect to be compensated.

Maintenance is done for a reason, in the case of cars & machinery it's because a few quid every couple of months on it will reduce the likelihood of a much more expensive catastrophic failure later.

In terms of councils, society over the years has decided that it's better for society as a whole to pay a few bob to councils to fix holes rather than individual drivers and pedestrians suffering the costs of injuries & damaged cars resulting from unmaintained roads.

Any views on

vaio wrote: »

.......what is an acceptable level of pain & suffering/scarring/disability etc for others to negligently inflict on your family members before you would also seek recompense?

and, does it differ between state organisations (councils, NHS, police etc) and private, say a DIY neighbour drops something which injures one of yours or someone damages your car by negligent driving?