How Much Compensation For A Child Injury Claim?
By Daniel Archer. Last Updated 17th June 2022. In this guide, we’ll discuss what child injury claims (also known as child accident claims) are, when such a claim may be possible and how to go about making such a claim. Adults and children of all ages can suffer a personal injury. There is often not very much information regarding the latter. Many people are not aware of just how many different scenarios can allow minors to claim compensation for a child injury.
Children can be injured at school and nursery, on the road, or even in some cases in accidents at work. To find out more about claiming compensation for an accident involving a child, please read on or call us on 0800 073 8804 to start your claim.
In this guide, we explain the different ways a child injury could occur and how you could potentially start a claim if another party’s negligence contributed to the injury. We’ll go into detail on what type of compensation could be gained for the injured child when making a child accident claim.
We’ll also explain how a representative may be allowed to claim on behalf of an injured child. This guide also looks at how these types of claims can be made on a No Win No Fee basis and what benefits this type of agreement can bring. We’ll also explain how personal injury lawyers could potentially assist your claim if you choose to hire one.
Select a Section;
- A Guide To Making Child Personal Injury Claims
- Who Can File A Claim For The Child Injury?
- What Can Be Claimed For A Child Injury?
- No Win No Fee Child Injury Compensation Claims
- For What Reason Can A Parent Or Litigation Friend Claim Compensation For A Child Injury?
- What Happens To Children’s Compensation?
- Making A Child Serious Injury Claim
- What To Do If You Need To Claim Compensation For A Child Injury
- 2022 Payouts For Child Personal Injury Claims
- Why Choose Us As Your Claim Service
- Call For Free Advice And Start Your Claim
There are many areas where children could potentially be injured through no fault of their own. They can include schools, public areas like shops or on public roads as the result of road traffic accidents.
If a child has injured themselves due to others’ negligence, then just as adults can, children can also claim personal injury compensation or child injury compensation. Just because people expect children to fall and injure themselves does not always mean that these incidents are mere accidents.
How We Can Help With Your Child Accident Claim
We offer free legal, confidential advice as many people are not aware whether they have a compensation claim or not. This is even more so true for minors who are injured. By contacting us today, we can say straight away whether your child has the right to claim child injury compensation.
In reality, children who injure themselves through no fault of their own are losing out on compensation that is owed to them. This is why children have such a lengthier time in order to claim personal injury compensation. Usually, adults have three years from when the incident occurred or when they gained knowledge of the injury to make a claim. However, minors have until they are 21, three years after they turn 18 to make their own personal injury claim.
Parents or a litigation friend (that is a person who acts on behalf of the minor when pursuing a child injury claim as they are too young to do it for themselves) can pursue child injury claims before the child turns 18.
Compensation awarded to a minor can vary depending largely on the injury and the prognosis. Children can injure themselves in many different situations, however, if the injury could have been prevented if the correct measures were taken or if it was due to another person’s negligence, then a child injury claim for compensation can be pursued.
In order to make a personal injury claim for a minor, an adult (aged 18 or over) could start one on their behalf as a representative. This will typically be either a parent or anyone else who holds legal responsibility for the child. A person who takes responsibility for child injury claims is usually known as the ‘litigation friend’. It is the UK law that states that no minor is able to make their own personal injury claim, a person over the age of 18 must act on their behalf as a child does not have the complete ‘legal capacity’ to be able to understand what is involved in the claim process and the law itself.
If a child is injured through no fault of their own, maybe in a road traffic accident, at school, in a public place and no child injury claim is made while the child is a minor, then they may pursue their own claim once they’ve turned 18. The law states that the time limits for a minor who was injured through personal injury to claim for child injury compensation is three years after they turn the age of 18.
Due to the Limitation Act 1980, personal injury claims have to be started by adults within three years of when their injury occurred (or the date it was diagnosed). However, this three year time limit is frozen if the victim is a child and remains so until the day of their 18th birthday.
Another circumstance when the time limit may be frozen is when the victim is an adult but lacks sufficient mental awareness to make their own decisions independently. If, on a future date, the victim regains sufficient mental capacity to act independently, then the three year time limit for claiming will start from the date this occurs. When a personal injury victim is lacking enough mental capacity to claim on their own, a litigation friend may be able to claim on the victim’s behalf.
My Child Had An Accident At Nursery – Who Is To Blame?
Although accidents at nursery may seem unavoidable because of children’s exuberance and lack of inhibitions, if the child’s parent or guardian can show that there was a breach of duty then they may be able to make a claim for the child’s injuries.
When making a child injury claim on behalf of a child, several different areas are taken into consideration;
- General damages – how much pain and suffering the child has felt due to the injury that was not considered their fault. Depending on the severity of the injury and the prognosis both will weigh heavy on how much compensation is awarded.
- Special damages – these damages regarding an adult personal injury would look closely at how the person has been affected financially due to the incident and injury. However, this is quite different as a minor would not have a loss of earnings. Child injury claims and child accident claims in terms of special damages can help towards medical expenses, travel costs, or property damage. Future expenses or any predicted loss of earning may be covered through special damages as well as future treatment and care that may be needed.
Most personal injury compensation child accident claims are funded through a No Win No Fee or a conditional fee agreement, and this can also be the same for child injury compensation cases. These allow all victims of personal injury to be able to make a claim for compensation if they have been injured in an accident through no fault of their own.
We offer free initial consultations to all who feel that they have been injured as a result of the negligence of another. The consultation allows free discussion to understand the merits of a personal injury claim and what is likely to be the claim’s outcome. If it is agreed that there is a case for personal injury, then we will offer you a conditional fee agreement where a percentage of the compensation awarded will be given to the solicitor as their fee. Basically, this means there is no financial risk. There are no upfront fees, and no money will ever be asked from your own pocket before the case is concluded. If the case does not succeed, then there will never be anything to pay.
If we decide to take your child injury case on, you can be assured that we will do our best to ensure that it reaches its maximum potential and that the compensation that will be awarded will be of the highest amount for the injury sustained. As we take 99% of all cases on a No Win No Fee basis we only take cases that we are sure will succeed, if we take your case on it, we think it has winning merits.
For more details about what kinds of accidents can lead to child injury claims, please read on.
Just as an adult may injure themselves through a personal injury such as a road traffic accident, slip, trip or fall, or in a public place, so can a minor. By law, a child who has been involved in an accident cannot make their own claim; they need a parent or a person who is responsible for the child to make the claim on their behalf.
Here is a list of how a child may injure themselves through no fault of their own;
- Child Whiplash Claim – a child whiplash claim most always results from a road traffic accident. A whiplash injury will often affect a person involved in a road accident, and all victims of a whiplash injury can pursue a compensation claim if they are not at fault.
- Child Injured at School Claims – children injuring themselves at school due to improper safety measurements are growing concerns. Shockingly it has been revealed that children have suffered broken bones, injury through slips, even severed fingers due to health and safety issues. Climbing frames, physical education equipment, and wet floors are the main causes of child injuries at school. Compensation for a child injured at school can vary, as it all depends on the pain and suffering the child undergoes due to the injury.
- Child Injury at Nursery Claims – are also a growing concern. Small children are being injured at nursery schools for many different reasons, and some injuries take place. In contrast, children are not being supervised appropriately, so an explanation is quite difficult to gain. The Child Act 2006 clearly states that children no regardless of age or teaching institution along with nursery are owed a duty of care, it must always be at the forefront that children are to be kept safe at all times. If a child injures themselves through the nursery or staff’s negligence, then their parent has the right to make a claim for child injury compensation.
- Child Injured at a Play Centre – there are more and more play centres or soft play areas popping up all the time however it is essential that these are kept safe areas to play as children of all ages use them. Accidents can easily happen at such places, especially with spillages of hot drinks, slips, trips and falls, and even unmaintained equipment. Children can injure themselves if health and safety are not taken seriously and equipment is not constantly maintained.
- Childs Medical Negligence Claim – we do have one of the best medical services in the world. However, even still, medical mistakes are made, and no matter how minor or major a child is injured or made ill through the negligence of a physician, a medical negligence compensation claim can be made.
- Child Birth Injury Claim – injuries that happen during childbirth can be catastrophic for both mother and child, maybe even more so when these injuries are caused due to the negligence of the physicians and health care workers in charge of delivering the child. Such injuries can have life-changing effects for all involved, and in these instances, compensation is truly needed.
- Child Injured in a Public Place – as with adults children can also be very easily injured in a public place, i.e. trips on defected pavements, falls in parks, slips in supermarkets, cafes and restaurants.
- Child Car Accident Claim – it is very real that car accidents and road traffic accidents happen on the roads all the time and children can be involved. Just as adults can be injured through road collisions, so can children. If a child has been involved in a road accident and is injured, they can make a claim for child injury compensation. Car accident claims for a child can be pursued by a parent or an adult who has responsibility for the child as they will act as a litigation friend.
The graph below comes from the Department for Transport’s 2019 annual report on reported road casualties in the UK. It shows that there were around 6,000 car passenger casualties experienced by those aged 0-16.
You may be wondering, “if a successful claim is made, what happens to the children’s compensation?” As previously mentioned, compensation for a child would only be received through a personal injury claim if it can be proven that their injury was caused by third-party negligence.
The compensation received from child personal injury claims will be owed directly to the claimant (the child). If the claimant is above the age of eighteen when the case is resolved, the compensation will be sent to them. However, compensation for a child will be placed into a Court Funds Office account until they turn eighteen.
Compensation can only be withdrawn in child accident claims before the claimant turns eighteen if they are in need of helpful services or items. An application can be made to the courts by the litigation friend who has pursued the claim on the child’s behalf.
If, for example, the child needs private physiotherapy sessions for the damage caused, the child’s litigation friend must contact the court requesting the release of funds. They must specify the amount that would need to be taken and the reasoning behind having the funds released.
Please read on to learn more about child personal injury claims. If you have any further queries about receiving compensation for a child, you can contact us for free legal advice at a time that works for you using the above details. Furthermore, our panel of advisors can connect you with a personal injury solicitor who specialises in child accident claims.
Severe injuries can be life-changing and devastating for both the victim and their family. Lives can be changed in an instant, and recovery and recuperation can be lengthy. A serious child injury can be very distressing for both the parents and the child, especially if the injury may affect the child’s future. We appreciate how devastating this may be. That is why we are here for you, to help you every step of the way taking the burden of the claim out of your hands so that you and your child can concentrate on what is important, recovery.
Making a serious child injury claim may not be an option it may be a necessity so that any present and future care and medical treatment costs are covered, and funds are there to ensure that all the needs of the child are met until a recovery is made or for the rest of their lives.
In order to be able to make a compensation claim for a child injury, it’s important first to know if
the case is valid. We offer free, legal and confidential advice to those who have suffered a personal injury; this is also true if your child suffered an injury and you think you could claim. We are able to tell you straight away if the child injury claim is valid and how next to proceed.
We always advise when making any compensation claim that to do it as early as possible so that the whole event is still fresh in mind and details are not lost or forgotten. Gathering as much evidence as possible is also crucial so that the claim can be backed up. Images of the incident and injuries are vital so that they can be recorded and not disputed.
Using a personal injury solicitor is key so that the child injury claim can reach its maximum potential. Child injury claims and child accident claims can become complicated and complex. Hence, it’s important to use a solicitor that specialises in child injury claims and child accident claims which will help in gaining the maximum amount of compensation.
Child accident claims can be valued in a similar way to those of adult claims. This is especially true of the general damages portion of their settlement. This is the payment that directly addresses their injuries and the pain and suffering associated with them. However, certain factors can affect the value of this figure. Age is one of these factors. Younger claimants may have certain injuries valued more highly due to the impact they will have throughout their life.
Legal professionals often have a number of helpful resources to help them arrive at a general damages sum that is deemed appropriate for the injury sustained by the child. One of these resources is a publication that’s known as the Judicial College Guidelines (JCG). It’s updated on a semi-regular basis; last done so in 2022. This is what the figures from the table below have been taken from.
However, the amounts should only be used as guidelines. As with all cases of personal injury, all child accident claims are unique. The specific circumstances need to be addressed individually before an accurate figure can be given. We can do this if you get in touch with our advisors today, as well as answer any questions you may have regarding what happens to children’s compensation after a successful claim.
|Body Part||Severity||Compensation Amounts|
|Post-Traumatic Stress Disorder||Severe||£59,860 to £100,670|
|Post-Traumatic Stress Disorder||Moderately Severe||£23,150 to £59,860|
|Post-Traumatic Stress Disorder||Less Severe||£3,950 to £8,180|
|Neck Injury||Severe||In the region of £148,330|
|Neck Injury||Moderate||£24,990 to £38,490|
|Neck Injury||Minor||£4,350 to £7,890|
|Back Injury||Severe||£91,090 to £160,980|
|Back Injury||Moderate||£27,760 to £38,780|
|Back Injury||Minor||Up to £2,450|
We are here for you. To help you in every need you have when wanting to pursue a personal or child injury claim. By appointing us as your legal representation, we will ensure that you receive a tailor-made service, so all your needs are taken care off. You will never be a number with us, we offer a service that is next to none, as we fully appreciate how difficult it can be being a victim of personal injury, suffering an injury or illness that could have very easily been prevented.
Allowing us the privilege to be able to represent you as your legal team will not be a disappointment. We will do our best to ensure your case reaches its maximum potential and you get the compensation you deserve. When investigating a case, we ensure no stone goes unturned and build a case with winning merits. We have decades of experience dealing with personal injury, and it is our speciality. Our reputation is outstanding among both our peers and clients.
If your child has been injured and you think they should be compensated please call right away for quick, professional and expert legal advice on 0800 073 8804.
If you don’t have the time to call us right now, you can use the contact form on this page to have us call you back, or use the live chat to leave your details. The sooner your child injury claim is started, the sooner your child could be compensated.
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Child Injury Claims/Child Accident Claims FAQ
Can I make a claim if my child has been injured?
If your child has been injured due to a third party’s negligence, then taking legal action could be a suitable course of action. However, please note that if a child is under the age of 18, then a litigation friend will be appointed by the court to handle the case. Here at Legal Expert, we can assist you throughout this process, so please contact our team to earn more.
Who can start child accident claims?
A claim involving an injured child is usually brought forward by the parent or legal guardian of that same child. The responsible party appointed to handle the claim will act in the child’s favour, ensuring their best interests are put forward.
What happens to a child’s injury compensation?
Should compensation be awarded for a personal injury claim involving a child, the compensation will be placed in an account until they reach the age of 28. Once the child has turned 18 years old, the compensation, plus the interest, is paid directly to the child.
If you still have any questions regarding child accident claims, you’re welcome to contact our advisors using the contact details included within this guide.