Is it possible to claim for falling from a tree on a farm? My son was playing on his uncle’s farm and dislocated his shoulder when he fell off a tree he was climbing.
Under the UK statute of limitations, children aged less than 18 are not permitted to pursue a compensation claim for falling from a tree on a farm nor are they allowed appoint a solicitor to act on their behalf. They are be eligible to make a compensation claim for falling from a tree on a farm once they turn 18 and are legally recognised as an adult under UK law or if you do not want to wait that long, they may be eligible to pursue compensation using a ‘litigation friend’.
‘A litigation friend’ is appointed to represent the child in the claim; generally this will be a parent or guardian. The litigation friend must be approved by the court and must not have a conflict of interest in the claim.
In order to claim compensation you will need to prove that the third party responsible for the safety of your son failed to provide him with a duty of care. In order to do this you will need to substantiate your compensation claim with evidence to show that negligence on behalf of a third party resulted in the accident and subsequent injury to your child. Therefore it is best advised that you speak with a personal injury solicitor without delay to ensure all relevant evidence is gathered in a prompt fashion.
Often in personal injury claims, evidence that may prove useful includes photographs of the scene, a medical report of the injury and eye witness reports if possible.
Of course your claim may be complicated by the fact that the accident occurred on a relative’s farm. Making a compensation claim against a family member can be emotionally traumatic however it is important to remember that you claim is against their insurance company rather than the family member.
It is best advised that you speak with a personal injury solicitor as they will have experience in dealing with compensation claims against family members and will ensure your son receives the maximum amount of compensation they are entitled to with their claim for falling from a tree on a farm.