What is the process for a personal injury case for a child in the county court?

[freddy009]

hi

Our child was involved in an accident and the case has got a date in the county court.the other driver crashed into our car when he was drunk,then got out and seen the damage he had caused,jumped back in his car and drove off.

Now the drunk was never charged for been drunk or leaving the scene,even though the police were called.the drunk river now says it was only 2mph crash,even though damage to our car was £3000.

Will our child have to give evidence or what actually happens in the county court???

will the judge look t the evidence himself and make a decision?

is the court room going to be full of people or just the parties involved?

[unclebulgaria67]

A relative had children slightly injured in a car accident. They had to attend the county court, where they had a room where all attending could sit around a table. The Judge not wearing a wig, just asks questions about how they are feeling, how they were injured and whether they are still seeing a Doctor. It is just to check that the children are being looked after and whether there is anything ongoing. The Judge would have access to any medical reports sent to them. It is not a stressful thing to attend. It is quite casual reflecting that children are present. It is then up to the opposing legal sides to come to an agreement or put to the Judge their argument to be considered.

 

If there is a sum of money in compensation, it is held in trust until they reach 18 i think. They can access it beforehand to help with education or equipment to help with injuries.

[andydd]

What is your claim for ?

[freddy009]

so the drunk driver would have to sit at the table too?it was disturbing enough for that to happen to the child,never mind to sit at the same table as them.the child had nightmares for long enough after the accident and I think seeing them sit at the table would trigger the again,especially when the drunk driver says they done nothing wrong.

[obiter dictum]

When i was 13, long ago i was knocked off my pedal cycle. I claimed personal injuries.

 

I never had to go to court and received the cheque direct from the solicitor who handled everything. Mind you he did admit that it was his fault and people took responsibility for their actions back then.

[unclebulgaria67]

so the drunk driver would have to sit at the table too?it was disturbing enough for that to happen to the child,never mind to sit at the same table as them.the child had nightmares for long enough after the accident and I think seeing them sit at the table would trigger the again,especially when the drunk driver says they done nothing wrong.

 

I don't think the drunk driver attends such a hearing but the Solicitors acting for his Insurers will. The hearing will be about getting a settlement. In my relatives case, because they needed some ongoing treatment, the court wanted them to attend to see how they were doing and to see what was required. It was not an ordeal for them at all, so they should not worry about it. They might not need to attend, so should wait to see if asked.

[freddy009]

I don't think the drunk driver attends such a hearing but the Solicitors acting for his Insurers will. The hearing will be about getting a settlement. In my relatives case, because they needed some ongoing treatment, the court wanted them to attend to see how they were doing and to see what was required. It was not an ordeal for them at all, so they should not worry about it. They might not need to attend, so should wait to see if asked.

I hope your right !,it would be awful for the child to come face to face with the drunk driver.but there only defence is the drunk driver saying it was a lvi impact,would he not have to answer questions from the judge??

iam hoping we get a call before the court date and not have to put the child through this.

Edited September 23, 2015 by freddy009

[freddy009]

thanks everyone for any info regarding this matter.....

[honeybee13]

freddy, have you rung the court to find out how it will go on the day?

 

HB

[Ganymede]

A relative had children slightly injured in a car accident. They had to attend the county court, where they had a room where all attending could sit around a table. The Judge not wearing a wig, just asks questions about how they are feeling, how they were injured and whether they are still seeing a Doctor. It is just to check that the children are being looked after and whether there is anything ongoing. The Judge would have access to any medical reports sent to them. It is not a stressful thing to attend. It is quite casual reflecting that children are present. It is then up to the opposing legal sides to come to an agreement or put to the Judge their argument to be considered.

 

If there is a sum of money in compensation, it is held in trust until they reach 18 i think. They can access it beforehand to help with education or equipment to help with injuries.

 

You're getting confused with an Infant Settlement Hearing to approve the settlement between the Parties once liability has been sorted out. In this scenario it is just the Judge, child, Litigation Friend and their solicitor involved in Chambers and not open Court.

 

From what the OP has said liability is disputed so there will be a full trial if it can't be sorted out.

 

If the child is young they won't be getting giving evidence at the trial.

[freddy009]

the drunk driver says he did the car,but claims it was only a small tip costing 3k !!his insurer looked at the car and came back with that figure.he said his car only had a few scrapes.the child is 10 years old.

[Ganymede]

the drunk driver says he did the car,but claims it was only a small tip costing 3k !!his insurer looked at the car and came back with that figure.he said his car only had a few scrapes.the child is 10 years old.

 

So primary liability has been admitted and it's just causation and quantum in dispute?

[freddy009]

its a strange one alright,the drunk hit the car,but he says he did not hit it very hard,costing nearly 3k damage.I would,nt mind,but the drunk got out looked at the damage and left the scene,there was no saying sorry or I will pay for the damage.but he was not charged for drink driving or leaving the scene.he was just warned by police and admitted it to them in a statement that he hit the car and left the scene because he thought people would get angry at him!

[andydd]

Be careful not to confuse criminal with civil law, they are completely separate.

 

There was in reality no need for him to say sorry or want to pay for the damage, in fact, insurance companies would often tell people tell say nothing and make no admissions.

[freddy009]

Be careful not to confuse criminal with civil law, they are completely separate.

 

There was in reality no need for him to say sorry or want to pay for the damage, in fact, insurance companies would often tell people tell say nothing and make no admissions.

That may whar they so,but I don't think your supposed in the eyes of a judge to crash into a car,get out,look at the damage you caused and then jump back in your car and speed off!!I thought that was leaving the scene of an accident.

[Ganymede]

That's criminal law again.

 

A civil judge won't care if he drove off after hitting your car.

[honeybee13]

I agree with Ganymede.

 

Leaving the scene of an accident is a matter for the police, I believe.

 

HB

[freddy009]

the damage is there on the car,the child and other occupents were brought to the gp straight away and any other specialist the gp sent them to.so the judge takes the word of a drunk who fled the scene....

[Ganymede]

the damage is there on the car,the child and other occupents were brought to the gp straight away and any other specialist the gp sent them to.so the judge takes the word of a drunk who fled the scene....

 

What are you talking about?

 

I thought the trial hadn't happened yet?

[goodatresearch]

Unfortunately your not being very clear. He's admitted liability and you've said damage to the car was £3,000 and theyve said damage was £3,000. So what is the court case for? Is their dispute about the extent of personal injury? Are they arguing contributory negligence?We can't be helpful unless we know what the court case is for. It may be that this is just an infant Settlement hearing.

[freddy009]

sorry folks,for not been clear.

The damage for the car was 3k and was paid ok.

the court case for the child for his injuries is on in a few weeks.

the drunk claimed he hit the other car,but was only a tip.

sorry,i just cheesed off there putting a 10 year old through a court case.

[andydd]

Its not clear what you are asking us ?

 

You are pursuing a claim for injuries to your child ?, this is a specialist area of law, and the costs can be very large, was he serioulsy injured, needed special care, cost you in expenses, hopspitals, doctors etc.

 

Sounds to me that you need a solicitor, there are many no-win no-fee for this, as you no doubt have seen umpteen Tv ads !

[Ganymede]

sorry folks,for not been clear.

The damage for the car was 3k and was paid ok.

the court case for the child for his injuries is on in a few weeks.

the drunk claimed he hit the other car,but was only a tip.

sorry,i just cheesed off there putting a 10 year old through a court case.

 

So you haven't agreed on an amount of compensation for the child yet?

 

Have you got solicitors acting?

[freddy009]

There is a solicitor involved,but she says there just dragging there heels.no money has been offered.the child was sore for a while after,nothing broke,thank god.the child seen some-one for the nightmares etc,but is back to normal now.

do defence solicitors wait until the steps of the court or will they let the case run in court?

Does the child give there side of what happened?

does the parents give evidence?

[unclebulgaria67]

There is a solicitor involved,but she says there just dragging there heels.no money has been offered.the child was sore for a while after,nothing broke,thank god.the child seen some-one for the nightmares etc,but is back to normal now.

do defence solicitors wait until the steps of the court or will they let the case run in court?

Does the child give there side of what happened?

does the parents give evidence?

 

I think it is what i said before. Very similar to my nephew and neices case. They had to attend the court, so the matter could be settled. The third party driver was not there, only the Solicitor for their Insurers. Once the two sides and Judge were satisfied, the two Solicitors came to agreement, the Judge agreed. From memory, i think they said it took an hour. The car they were in the back of, was a write off, with the back of the car smashed in.