Would you persue a claim for compensation?

[EvangelicalAboutButteredToast]

I’ll be honest. My inclination is no, but I’d love an opinion.

My child was injured whilst in the care of a paid for holiday camp. They were injured and will be left with a life long scar. The company has accepted responsibility and we will soon be in receipt of a report that list how they fell outside of their safeguarding rules which are also covered by a professional body.

They have told me they are anticipating being sued by us. If I go forward with a compensation claim it’s likely to impact my child’s ability to go forward with the hobby they love. Hence my reticence.

Does anyone know if I pursued a claim what the likely outcome might be? Any money would be put into the child’s bank account. My partner is considering one of those no win/no fee companies, but again that feels risky.

Yes you would be - contact hospital's information governance or PALS department

Just to agree with this, my DS had a two inch cut to the face in a noticeable position. 4 years on it’s faded so much it’s just a thin silver line.

Just to say if you do decide to sue I second Irwin Mitchell or also Moore Barlow as great firms whose results I have seen.
And I don’t work for either of them too.

When you say suing will affect your child's ability to do the hobby do you mean that if you sue they'll ban your child from the hobby?

I wondered if it was about appearance.

It is hard to understand a situation where a decision to sue, based on admitted negligence on the part of the organisation, would impact a person's ability to continue to take part in a hobby.

An accident has happened, the organisation should seek to review their procedures and reduce the risk that such an event should reoccur.

Insurance is in place to cover such eventualities, this is what organisations pay insurance for. Any notion that the organisation would seek to punish a claimant when they themselves have reported the incident, would seem vindictive.

Any increase in insurance premiums will result from reporting the incident and thereby reflecting the increased risk to others, based on the action of the members in question - and not be related to or proportionate to any subsequent claim.

Obviously - I cannot imagine what kind of situation would prevent a child from continuing a hobby if their parents sued on their behalf, but would not prevent them from continuing if they choose not to sue.

Also - while I totally understand that you are traumatised by the scar and that your child's perfect face is no longer perfect - your child may not feel the same way.

My daughter had an accident that resulted in scaring and cosmetic damage to her nose (bent, but not broken).. she did not want to have corrective surgery at the time (she was 15).. it remains a possibility in the future and it has been noted on her medical file should we wish to pursue this under her personal accident insurance (not UK based, nor US for that matter) - she has autonomy over that decision and she knows that it is possible to revisit that decision in the future, should she change her mind. I have mixed feelings but it is her body and her decision. It is barely noticeable, she is just not as perfect as she was.. (and I feel responsible for the accident.. )

This is what I did when had an accident in a company which was their fault

My house insurance has took the claim on and hasn't cost me anything

What happened in the end @EvangelicalAboutButteredToast

Now it's 6mths or so ago

How is the scar and did you sue /what was the outcome

Can you offer to settle including an agreement that your child won’t be prevented from taking part in the hobby?
I would feel compelled to ask for some compensation to keep the option of cosmetic treatment open in the future.

I think that unless the scar was likely to cost my child financially in the long term (limit job opportunities, or require expensive counselling for example), my decision to pursue damages would depend on the adequacy of the organisation’s response. If they showed care, regret and have already taken steps to make sure that a similar thing is unlikely to happen again, then I wouldn’t.

I think your family’s motivation is key to answering this question, OP.

Yes I would as child may benefit from private cosmetic surgery at some point.

Why would he need to stop the sport?