Contrary to some beliefs, children can sustain a whiplash injury. Generally they may not be as badly affected as adults, but a car accident can easily leave your child suffering with the same symptoms in the neck, back, and shoulder area.
Whiplash is caused by the ligaments and tendons in the neck, back, and shoulder areas being stretched beyond their normal range of movement. So this can happen whether you are an adult or a child.
Children have the right to make a claim in exactly the same way an adult is entitled to. There are a couple of differences to the claims process – for one, the child will need a litigation friend to act on their behalf, given that the law doesn’t commonly allow them to bring a claim themselves (rather obviously). This is normally a parent or guardian / family member, and can even be you if you were in the same accident.
The other major difference is that an Infant Approval Hearing will normally take place at the end of the claim. This is a simple hearing for a Judge to confirm that they are happy with the amount that has been accepted between us and the other insurers. As the child is under the age of 18, the Court should always intervene to make sure that any offers that are agreed are fair to make sure the best interests of the child are looked after.
With children of certain ages it can be easier to confirm the signs of whiplash, as they will likely be able to tell you if they are in any physical pain or not. But it can be difficult if you want to make a claim for your baby or toddler – if they can’t tell you, how on earth can you know if they are suffering from the symptoms of whiplash???
Hopefully your baby will be protected by the confines of a baby seat. But they still may be suffering as a result of what’s happened. You should definitely see your GP as quickly as you can, but there are certain telltale signs you can use to spot whether your baby or toddler may be affected by a whiplash injury:
- Decreased alertness
- Extreme irritability or other changes in behavior
- Sleepiness, not smiling
- Loss of consciousness
- Breathing issues
- Pale or bluish skin
- Poor feeding, lack of appetite
- Vomiting
We settle whiplash claims on a daily basis – as we are expert personal injury lawyers who only represent the victims of accidents, we have the best knowledge and experience to make sure your child’s whiplash claim is settled for the highest possible value. Once it is settled, the amount is normally retained in a court held trust fund and remains there until the child reaches the age of 18. The fund has a pretty healthy interest rate on it as well – so there should be more than enough to help them when they enter the world of adulthood.
We value the claim in the same way as well – they will attend a medical appointment (with the litigation friend) with a privately instructed expert. The expert will be able to comment on the suffering of your child, and we always make sure that they have your child’s best interests at heart. We will often instruct pediatricians to make sure you and your child are in the most capable hands.
Give us a call on our free whiplash helpline for the best advice about your child’s whiplash claim on 0800 634 75 75 today.
