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Child Accident Claims Guide

By Cat Way. Last Updated 5th June 2024. In this guide, we’ll discuss what child personal injury claims are and when such legal action can be taken.

Children of all ages can suffer an injury. But sometimes it isn’t their fault and in these situations, it’s possible to take action in the form of a child accident claim.

We also explain how we can help you pursue compensation on a No Win No Fee basis and what benefits this type of agreement can bring. We’ll also explain how a child injury lawyer could potentially assist you.

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.

Child with her arm in a medical sling

Browse Our Guide

    1. Can I Make A Personal Injury Claim On Behalf Of My Child?
    2. What Types Of Accidents Could Lead To A Child Injury Claim?
    3. Compensation Payouts In Child Personal Injury Claims
    4. What Evidence Do I Need For Child Accident Claims?
    5. Is It Possible To Make Child Accident Claims On A No Win No Fee Basis?
    6. Why Choose Us As Your Child Injury Lawyer?
    7. Call For Free Advice And Start Your Claim
    8. Learn More About Child Personal Injury Claims

 

Can I Make A Personal Injury Claim On Behalf Of My Child?

It’s possible to claim a personal injury settlement for your child before they turn 18 years old. A litigation friend can act on behalf of a child to conduct a claim. However, this is only on the basis that they can be trusted to make fair and competent decisions on the claimant’s behalf.

Below are some examples of who could act as a litigation friend:

We can offer you free legal advice regarding becoming a litigation friend in the child personal injury claims process. Additionally, we can verify if your injured kid is eligible for personal injury compensation. You won’t be obligated to continue using our services after we have helped you.

How Long Do I Have To Make A Claim?

Due to the Limitation Act 1980, personal injury claims have to be started within three years of the date the injury occurred.

However, this three-year time limit is frozen if the victim is a child (under 18) and remains so until the day of their 18th birthday. From this point they have 3 years to issue court proceedings otherwise their claim may become time-barred. 

What Types Of Accidents Could Lead To A Child Injury Claim?

It isn’t uncommon for children to get hurt during school, play or their daily life. However, if a harmful accident happens because of someone else’s negligent actions, you may have the right to claim compensation on the child’s behalf. Examples of accidents that could lead to child injury claims include:

  • A local council failed to maintain a playground in the local park and did not notice safety issues with the equipment. A child was on the swings when they snapped, throwing the child off. This caused the child to fall and break their arm.
  • When working in their local shop, a young person was not given proper training on stacking shelves carefully. They fell while stacking a high shelf and hit their head, suffering brain damage as a result.
  • A driver was looking at their phone while driving. They lost control and caused a rear shunt collision that led the child passenger in the back seat to suffer bad neck injuries.

If a child in your care has been injured in a similar situation, or if you believe their accident could be the basis of a claim, just call the number above for a free claim assessment.

Compensation Payouts In Child Personal Injury Claims

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). 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 PartSeverityCompensation AmountsNotes
Multiple Severe Injuries Plus Associated Costs and ExpensesVery SevereUp to £1,000,000+Compensation accounting for multiple injuries that have a serious long-term effect on a child, plus related costs like medical bills or physiotherapy charges.
Brain/HeadModerately Severe£267,340 to £344,150The affected person is very seriously disabled. The level of award is impacted by factors such as the degree or insight or life expectancy.
Brain/HeadLess Severe£18,700 to £52,550The injured person makes a good recovery and can return to a normal social life. However, there may still be persistent issues like poor memory or concentration.
NeckSevere (i)In the region of £181,020Injuries linked to incomplete paraplegia or permanent spastic quadriparesis. Alternatively, there is little or no neck movement despite constant neck collar use.
NeckModerate (ii)£16,770 to £30,500Soft tissue or wrenching injuries, plus more severe disc lesions that have consequences including seriously limited movement and permanent or recurring pain.
Post-Traumatic Stress DisorderSevere£73,050 to £122,850The effects are permanent and impact on all aspects of the injured person's life.
Post-Traumatic Stress DisorderModerately Severe£28,250 to £73,050While the affected person faces significant disability in the foreseeable future, they have a prognosis for some recovery with help from a professional.
Post-Traumatic Stress DisorderLess Severe£9,980 to £28,250A full recovery is completed within one to two years.
ArmInjuries Resulting in Permanent and Substantial Disablement£47,810 to £73,050One or both forearms suffer serious fractures. They cause significant and permanent disability, whether it is functional or cosmetic.
LegModerate£33,880 to £47,840Multiple or complicated fractures or crush injuries, generally affecting one leg.

Do Special Damages Apply To Child Injury Claims?

If you successfully claim compensation for an injury on behalf of a child, you may also receive special damages. This head of claim is intended to restore you to the financial position you were in before your child was injured. For example, if your child needs a wheelchair as a result of their injuries, the cost of this could be covered by special damages.

Special damages could also help cover the cost of:

  • Prescriptions.
  • Lost earnings if you need to take time off work to care for your child as they recover.
  • Childcare.
  • Travel to and from hospital appointments.

It’s important to note that, in order to claim under this heading, you must provide evidence of your financial losses. As such, keeping any bank statements, invoices, or receipts relevant to your losses can be helpful.

Contact our team today to find out how one of our solicitors could help you claim compensation on behalf of your child, or read on to learn more about the child injury claims process.

What Happens To My Child’s Compensation?

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.

a little girl sat at a desk with schoolbooks. Her arm is in a cast.

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.

What Evidence Do I Need For Child Accident Claims?

As part of the child personal injury claims process, you’ll need to provide evidence that can demonstrate the following:

  • Your child was owed a duty of care
  • That duty of care was breached
  • Your child was injured or suffered harm as a result

Child accident claims that lack evidence are unlikely to be awarded compensation. Therefore, it is crucial that you take the time to gather as much evidence as possible that can support their personal injury claim.

Evidence you could obtain includes:

  • The contact details of any witnesses to your child’s accident. A personal injury solicitor can get in touch for a statement from them.
  • Medical records can show any appointments your child has had regarding their injuries as well as any treatment they have needed.
  • A report from an independent medical expert who can assess your child and offer insight into the extent of their personal injuries.
  • Photographs of your child’s injuries if they are physical and can be seen. For example, if they have a broken arm.

If you would like additional information on what evidence you can gather for a child accident claim, our advisors are free to talk to and are available around the clock.

Is It Possible To Make Child Accident Claims On A No Win No Fee Basis?

Child injury lawyers could potentially offer a No Win No Fee contract. Under this type of arrangement, you only pay a legally capped success fee if you receive compensation. If you don’t win compensation, you don’t pay your solicitor.

Generally, you also won’t be required to pay an upfront fee for your solicitor to start work on your claim.

Our solicitors can offer this form of arrangement. If you would like to work with children’s law solicitors under this agreement, our advisors could put you in touch. Our solicitors are experts in child law, so they can help you prepare a strong claim.

Why Choose Us As Your Child Injury Lawyer?

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 of.

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.

Call For Free Advice And Start Your Claim

If your child has been injured and you think they should be compensated please call right away for quick, professional and expert legal advice at 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 a child injury claim is started, the sooner your child could be compensated.

Learn More About Child Personal Injury Claims

Below, you can find more useful links and resources on child personal injury claims:

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    Meet The Team

    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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