to pursue this on behalf of my DS

[NCagainandagain]

Sorry this is so long...

3 years ago, my DS (then 7) was scooting to school when he hit a little pothole on the pavement, fell off and landed on the handle bars. This resulted in an inch long clean slice on his cheek.

It was stitched up in A&E with instructions to remove x days later.

Closer inspection of the scooter revealed an almost knife sharp edge that had been revealed when his face fell on the handle, and this is what caused the wound.

We went to a walk in clinic to have the stitches removed. I'm not medical and have never had stitches removed before but it was pretty obvious afterwards that the wound hadn't healed before they were removed.

The result is a 1cm x 3cm scar on my DS cheek, that 3 years later is still very noticeable, my DS gets asked about it all the time, and wishes it wasn't there.

I sent the scooter back to the (well known) manufacturer who advised that I should have replaced the foam handles as that would have stopped this edge from being revealed. This was a scooter that had not much use, always been kept inside and was less than 2 years old. The foam handles did not look in any way worn or damaged. The products web page did not mention replacing the handles, and I couldn't even find replacements on their website for this model (we'd replaced the handles on his previous (and more used) scooter from the same company) They offered a replacement scooter which I did not accept.

At the time, I left it as was told by several health practitioners that the scar would hardly be noticeable in a couple of years time. This is not the case.

So my AIBU is should I pursue this further with the aim of getting some compensation for my DS. I don't know if plastic surgery would help but any money could be used towards this.

I hate the notion of suing for anything, but would I be doing my DS a disservice by not pursuing this further.

The time limit on negligence claims is 3 years so depending on exactly when it happened you may be out of time to make a claim in any case.

The time limit on claims is three years after they reach 18 if an accident happens as a minor.

It would be better if you claimed on his behalf now.

Just be aware that courts prefer to hold any compensation in a trust for when he is 18, although you can ask to hold the money on his behalf.

Yanbu

The money could pay for laser treatment or micro needling in the future

Definitely worth speaking to a solicitor about - and soon, as the longer it’s left the harder it is to pursue a claim. Do you have copies of your correspondence with the scooter company? Take that and his medical records to a personal injury solicitor. Look for one that does no-win no-fee claims as it can be expensive.

Your poor DS - I hope you’re able to get something back, would be good if you could have the option of plastic surgery if it’s something he would benefit from.

Also - on questions like these there are always people who come along and tell you that any attempt to claim compensation is basically proof that you’re a bad citizen and a grabby, entitled CF. Ignore those people! It’s just a weird MN thing.

Thanks for your responses. I was called by the company each time rather than emailed, no doubt deliberately. I will have a dig through my emails because I think I summarised the calls in my emails to them afterwards.

If anyone can recommend a solicitor, please let me know!

@NCagainandagain

Where are you based? I'd ask around for recommendations locally for no win no fee solicitors, or google it.

Don't go through 'Injury Lawyers 4 U' or any of those types of firms. They aren't solicitors, they are simply a middle man that gets a fee from the solicitors (could be anywhere in the country) for passing on your details. Go direct and local.