Accident Involving a Minor – How to Obtain Compensation and Who Is Liable?

Accidents involving children and young people are a significant social problem, with serious health and emotional consequences for those affected and their families. In such situations, it is essential to understand the rights available to the injured person and the possibility of obtaining compensation for the losses suffered. In this article, we discuss the most common causes of accidents involving minors, liability for the resulting damage and the procedures for pursuing compensation claims. We also highlight the role that a professional law firm can play in the process of obtaining the benefits to which the injured person is entitled.

Accidents involving minors can occur in various circumstances, including road accidents, incidents at educational institutions and accidents in recreational areas. Depending on the situation, liability for the damage may rest with different entities, including drivers, educational institutions or managers of public facilities. It is important for parents and guardians to be aware of their rights and the procedures for pursuing compensation, which can help effectively protect the interests of the injured child.

The most common accidents involving children – what injuries are most common and how can you obtain compensation?

Accidents involving children happen more often than one might think, and their consequences can be serious. Although many parents are concerned about injuries at school, statistics show that most incidents occur at home and on playgrounds. It is worth knowing which injuries are most common and how you can claim compensation for a child’s accident.

Children are particularly active, which unfortunately increases the risk of injuries. The most common include:

Fractures – affecting the arms, legs, fingers, ribs and even the skull. These are among the most serious injuries and may require lengthy rehabilitation. See – what to consider when rehabilitating young patients.
Sprains and dislocations – often occur as a result of falls during play or physical activity.
Bruises and wounds – can occur both at home and at school or on playgrounds.
Burns – although reported less frequently, they can also lead to serious health consequences.

Where do accidents most often occur?

At home – many accidents occur here, mainly during play and everyday activities. Falls, cuts and fractures are among the most common incidents.

At school – accidents at educational institutions most often occur during physical education classes. Children may suffer injuries in sports halls, on playing fields and while running through corridors.

On playgrounds and in courtyards – swings, climbing frames and slides are places where falls frequently occur, leading to fractures and sprains.

At swimming pools – slippery surfaces and careless play in the water can lead to slips, head injuries and even serious spinal injuries.

In amusement parks – carousels, trampolines and obstacle courses provide great entertainment, but they can also pose a risk of serious injuries such as fractures, sprains and bruises.

Right to compensation for minors – what is worth knowing?

Minors, just like adults, have the right to seek compensation after an accident, although the process differs from pursuing claims by adults. One of the key differences concerns the limitation period for claims – for adults it is generally 3 years, whereas for minors the limitation period is 2 years from the date the child reaches adulthood. Therefore, an injured minor may pursue compensation until the age of 20. In addition, the law provides children with greater protection when determining liability for an accident. In the case of children under 13, full liability for an incident cannot be attributed to them. Even if a child, for example, ran onto the road, the insurer cannot completely refuse to pay compensation. See – how to choose an insurance policy for a child.

How does the claims process work?

Claim to the insurer – the first step is to submit a claim to the insurance company. The documentation should include a detailed description of the accident, its impact on the child’s health and the child’s psychological well-being.
Medical documentation – it is important to attach medical records confirming the injuries and the child’s treatment needs. These should include the costs of treatment, rehabilitation, medication, transportation to medical facilities and specialist consultations.
Estimating the amount of the claim – the next step is to determine the amount of compensation and damages being claimed, which should include compensation for the minor’s physical and psychological pain and suffering.

Types of claims available to a child under the law

Under the Civil Code, a child may pursue the following claims:

Compensation for physical and psychological pain and suffering – compensation for all negative health and emotional consequences resulting from the accident.
Compensation for health impairment – costs of treatment, rehabilitation, medication, transportation to medical facilities and specialist consultations.
Pension – in cases involving long-term consequences of an accident that may lead to a loss of earning capacity or a deterioration in quality of life.

The insurer is required to consider the claim within 30 business days. After receiving the decision, the injured party has the right to appeal against it.

Compensation for a student injured at school – when is it available?

Students who suffer accidents at school may receive compensation under the insurance policies they have. There are two main forms of financial assistance that may be available in such situations: personal accident insurance (NNW) and the school’s third-party liability insurance. But when can a child claim compensation for an accident at school?

Compensation under a school personal accident policy

If a child has personal accident insurance and the accident falls within the scope of the policy, the insurer will pay compensation proportionate to the degree of health impairment. The detailed rules for calculating the amount of compensation and the percentage rates applicable to individual injuries are set out in the General Terms and Conditions of Insurance for the relevant policy.

Compensation under the school’s third-party liability insurance

If an accident occurs on school premises and the school or its employees are responsible for the incident, the child may pursue compensation under the school’s third-party liability insurance. This insurance may cover compensation for physical or psychological pain and suffering, reimbursement of medical expenses and, in some cases, a pension. It is worth remembering that such claims may cover both bodily injuries and the emotional consequences associated with the accident.

Increase your chances of receiving higher compensation with our help

When pursuing compensation, we often encounter practices whereby insurance companies offer reduced amounts. Our compensation law firm has ten years of experience in successfully negotiating higher amounts for our clients. We demonstrate that we can obtain higher compensation than people who pursue their claims independently.

We offer full support at every stage of the case, from the initial contact through to the final recovery of the money due. With a power of attorney from the client, we handle all formalities and legal and compensation-related matters, so you do not have to worry about the procedures.

Find out how to obtain psychological support for relatives and families of accident victims.