Child Car Accident Claims – How Much Compensation Can I Claim?
By Mark Ainsdale. Last Updated 2nd July 2021. Welcome to our child car accident claims guide, where we’ll explain how to claim accident compensation.
Children that have been injured in a car accident, whether they were a passenger in a car, or a pedestrian, have as much right as an adult to claim personal injury compensation for the injuries they have sustained. However, the claims process is a little bit different when the claimant is under 18. The claimant would need a parent or guardian to claim on their behalf and act as a litigation friend.
You’ll find more information about this further on in the guide. Alternatively, get in touch with us for a consultation about your personal injury case and free legal advice:
- Call our team on 0800 073 8804
- Fill in a contact form to have us call you
- Use the live chat on your screen to speak with one of our advisors
Do I have grounds to make a child care accident compensation claim?
If your child has suffered due to a car accident through no fault of their own, they could be eligible to claim accident compensation. To establish whether they could have a valid case, the following criteria must apply to the situation:
- If they’re 18 or over, the accident must have happened in the last 3 years to fall within the personal injury claims time limit. However, this time limit isn’t effective until their 18th birthday.
- They suffered as a result of third-party negligence. The third-party in question owed them a legal duty of care, such as adhering to the Highway Code, which they breached.
If you’re unsure, you can contact us today for a consultation about your potential child car accident claims and get some free legal advice.
Select a section
- A guide to car accidents involving children claims.
- What is a child car accident claim?
- What to do if your child is involved in a car accident causing injury.
- What is a litigation friend?
- How to begin a car accident involving children claim.
- What can be claimed for after a car accident involving children?
- What makes a child’s accident claim different?
- Facts on road traffic accidents involving children.
- Most common car accident injuries involving children.
- Car accident involving children compensation, how long does it take?
- How much compensation will I get after a car accident involving children?
- No Win No Fee car accident involving children claims.
- Why choose us as your claims service for your car accident involving children claim?
- Call for free advice and to start a claim.
Welcome to our child car accident claims guide, where we’ll explain how to claim accident compensation.
Around 5000 children are either seriously injured or die on the roads in the UK each year, although this number has been steadily decreasing over recent years. Many of these accidents are when children are walking or playing outside, and the risks increase with age.
When a child has been involved in a car accident and has suffered a serious injury. As a result, getting compensation can greatly impact the quality of life for that child and their family. Compensation can help parents be able to get the support they need to be able to give the best care that they can to their child.
If your child has been involved in a car accident, you will certainly have many questions about the claims process, a car accident involving children claim payouts are expected, and many more.
This guide is a good place to start when looking for answers. It contains lots of information regarding a road traffic accident involving children, eligibility for making a personal injury claim, and beginning. You are also welcome to contact our expert injury solicitor law firm for more answers that are unique to your child’s case.
Before looking at how you could claim child car accident compensation, let’s look at the claims process itself.
Being involved in a car accident and suffering an injury, as a result, is a very hard and traumatic experience to have to go through, but for a child to endure the pain and suffering of a car accident injury feels somewhat worse, especially if it is your child, and was due to someone else’s negligence.
Although money cannot make up for seeing your child suffer, a car accident involving children claim not my fault can payout compensation that could make a huge difference to a child’s treatment, recovery and even their future.
Child car accident claims could therefore pay for the initial costs of their injury and provide funds for future treatments and allow them to get the support they may need to live their life as independently as possible.
How could I file any child car accident claims?
You can do so by working with our panel of personal injury solicitors. So, they initially locate the evidence that you need to support your claim. This includes witness statements, medical reports and any CCTV footage. And then they begin to build your case to be strong enough to be successful.
If your child has an injury from being involved in a car accident, there are certain steps you can take to help with claiming accident compensation, such as:
- Write it down – Write everything down that you or your child can remember about the accident, such as time and place, possible cause, events before, during and after the accident.
- Witnesses – Try to get as many details as you can of any bystanders and witnesses. Having a witness statement can really help your case.
- Photos – Take any photos you can of your child’s injuries that they have. These provide visual proof of the pain and suffering that they are going through.
- Medical report – Ask for a copy of your child’s medical report for the injuries they have sustained from the car accident. A report will be made that will list their injuries and recommend treatment and expected recovery period. This will be used to determine the amount of compensation they could receive.
- Third-party details – Get as many details as you can from the driver/s involved in the accident. Name and address if you can, but also don’t forget details such as make and registration number of their car and insurance details.
- Proof of expenses – Keep any proof of costs that you may have incurred due to your child’s accident. These would include travelling costs, childcare costs etc. and anything else suitable for your child car accident claims.
If you want to make a claim for accident compensation on behalf of a child under your care, you can do so by acting as a litigation friend. In this section, we’ll explain what this role involves.
A limitation friend is someone authorised by the court to represent the claimant (litigant in person) and conduct their case on their behalf. A litigation friend is usually required in such circumstances where the litigant in person is under 18, is someone with a mental disability, or has requested a litigation friend.
There are two types of litigation friends:
1). A McKenzie friend.
These support and accompany the claimant in court. They do not necessarily have to know or be a friend of the claimant and often have some training and/or knowledge in the relevant area of law. Claimants’ do not automatically have the right to a McKenzie friend, but courts usually allow them if requested.
Besides giving moral support, a McKenzie friend can also take notes during court proceedings, discreetly give the claimant advice, and generally improve your experience.
However, they are not allowed to speak out in court proceedings, act on behalf of the claimant or act as their agent or manage the case outside of court.
2). A Lay Representative
These are people who are not legally qualified but can accompany the claimant to court. They are also allowed to represent the claimant and present the case to the court on their behalf. The claimant must be in court as well, though, for them to do this. A Lay Representative is usually either the claimant’s parent, guardian, spouse, friend, colleague or partner.
The court will need to be advised beforehand that a Lay Representative will present the child car accident claims.
If your child is in a car accident and suffers an injury. As a result, they could receive accident compensation. To get help with this, you can ring us and speak to a member of our professional team.
When you call us, we will offer you a free consultancy session where you can ask as many questions as you need to regarding the claims process for a car accident involving children. We will then also ask you some questions as well just so that we have all the information we need to start your claim.
Once we have discussed your case, we can begin your claim. All our specialist claims solicitors work on a No Win No Fee basis, and so there is absolutely no initial financial outlay for you and no unexpected bills. You don’t need to pay any legal fees unless your case is a success.
Sometimes a local medical assessment is a necessity. We can arrange this at a clinic local to you and at a time that is convenient for you. This is free as part of our service, and so it wouldn’t cost you anything. Of course, we can discuss this in more detail during your free consultation.
There are several things that we would look to seek accident compensation for, as you may face a range of costs following your child’s road traffic accident:
- Medical Bills – Any medical bills that you have due to the result of your child’s injury.
- Travel Expenses – Any costs of travelling to and from the hospital, parking costs, vehicle adaptions and any alternative travel costs.
- Care Claim – If you have had to have assistance around the house while your child recovers, the person who has assisted you can file a claim.
- Loss of Earnings – Loss of earnings refers to any loss of income incurred due to having time off to care for your injured child.
- General Damages – This refers to the compensation for the child car accident claims that reflects the pain and suffering they have experienced.
You may have some anxieties about claiming accident compensation on behalf of your child if they have suffered due to a car accident. However, with the help of our experienced panel of personal injury solicitors, the claims process can be surprisingly straightforward.
A road accident claim could happen on behalf of your child immediately after the car accident. If you decide not to make a claim straight after the accident, you have up until 3 years after your child’s 18th birthday to start a claim on their behalf. However, it’s always better to start it sooner rather than later where possible.
In most situations, once your child turns 18, they normally take responsibility for claiming their injuries themselves. If the claim is already in progress, the child will take over its responsibility once they turn 18. However, after that, they have 3 years from their birthday to make a compensation claim themselves.
In some circumstances, though, the child may not be capable of dealing with their car accident claim from 18. For example, if they have suffered severe injuries, they may not be physically and/or mentally able to, not to mention the rising costs of their medical treatment for such injuries. For any more advice regarding car accidents involving child claims, please feel free to contact one of our claims expert solicitors, and they will endeavour to help you as best they can.
In this section of our child car accident compensation claims guide, we’ll talk you through some relevant statistics. The Department recently reported the following figures for Transport concerning road traffic accidents involving children (under 16s).
These include 1,883 child deaths between 2016 and 2018 due to a road traffic accident in England. This figure for deaths when an accident occurs is the highest since the period between 2012 and 2014, which stood at 1,929.
What’s more, the Department for Transport also found that young car drivers, including 17-year-olds, are more likely to be injured in a road accident than older drivers. Not to mention 287 deaths in 2019 as a result of road traffic accidents involving young drivers. And any of these could result in the filing of serious child car accident claims.
In terms of children aged 15 or under, there were 39 child deaths due to road traffic accidents in 2019. Fatalities were mainly pedestrians (18 deaths), cyclists (10 deaths) and car passengers (8 deaths).
Minor injuries could range from cuts and grazes, psychological trauma such as PTSD, bruising and whiplash. More serious injuries could include severe cuts, burns, fractures, broken bones, head trauma and internal injuries.
Whatever injuries your child has suffered, you could be able to claim accident compensation on their behalf. To learn more, please read on or get in touch today for free legal advice.
Although road traffic accident involving children claims process is slightly different, it doesn’t affect the time it takes for the claim to be final. The details surrounding your case determine how long it could take to get the car crash involving children compensation payouts the claimant deserves.
There are various circumstances surrounding child car accidents and the different potential injuries. So, we cannot give an exact figure of accident compensation you may receive from child car accident claims.
A car accident involving children claims calculator cannot accurately understand the measure of pain and suffering your child may be going through or know the full impact an accident causing injury to your child can have on the child’s life, if not the whole family’s lives.
However, what we can do is give you some of the average compensation for a car accident involving children payouts for certain injuries so you can get an idea of what amount you are possibly looking at receiving. The table below lists the more common injuries. Please don’t worry if the injury your child has sustained is not on there. Just call us, and we can shed more light on the matter.
Updated July 2021.
|Reason for compensation||Typical compensation amount||Comments|
|Mental anguish||£3,550||Fearful of death and the expectation of the end of life|
|Loss of anticipated earnings||£10,000 - £400,000||Compensation for anticipated future lost earnings and will include calculations based on future pay grades.|
|Loss of benefits||£5,000 - £500,000||This compensation factor is based on your income lost.|
|Pain and suffering||£1,000 - £200,000||Dependent on the level of pain and suffering a victim has endured.|
|Minor brain injury||£1,675 - £9,700||Minimal brain damage but compensation can vary due to factors such as on-going headaches, other on-going symptoms, recovery time, severity of initial injury etc.|
|Severe chest injuries||£76,500 - £114,100||Serious injury having an effect on the heart or lungs. Continuing pain and suffering.|
|Less severe chest injuries||£9,575 - £13,650||A less severe injury to the chest, but the victim might have minor permanent tissue damage.|
|Minor head injury||£1,500 - £9,500||Damage to the head that does not result in any brain damage, but no long term effect on the lungs working properly.
A head injury not resulting in brain damage.
|Moderate head injury||£12,500 - £200,000||Injuries that have affected the mental capability which might include loss of motor function and/ or a personality change.|
|Severe head injury / Very severe brain damage||£214,350 - £307,000||The extent of the victims physical limitations, life expectancy and degree of insight will determine the level of compensation awarded. The maximum compensation payout will usually depend on there existing hardly any (if any) language or basic communication and also considered would be if the victim display any awareness of their environment.|
|Minor shoulder injury||£350 - £6,700||Pain suffered and short-term restriction of movement of the arm due to the shoulder injury.|
|Moderate shoulder injury||£6,250 - £9,750||Pain in the arm giving limited arm movement.|
|Severe shoulder injury||£9,500 - £37,000||Pain in the arm with impaired movement.|
|Minor neck injury||£1,800 - £6,200||Neck pain and whiplash type short term damage.|
|Moderate neck injury||£29,600 -£42,300||Restricted neck movement and longer term damage.|
|Severe neck injury||£35,500 - £112,450||Severe pain in the neck with impaired movement, possible paralysis.|
|Minor back injury||£350 - £9,850||Temporary injury of the back with only expected short term pain.|
|Moderate back injury||£8,750 - £30,750||Permanent injury to the back which will unfortunately mean ongoing long term back pain.|
|Severe back injury||£29,750 - £123,300||Loss of the victims motor function or even paralysis.|
|Minor leg injury||£1,800 - £17,900||A broken or fractured leg or both legs which are going to heal in due course.|
|Moderate leg injury||£21,750 - £104,100||Loss of use to one or both of the legs.|
|Severe leg injury||£75,100 - £215,000||One or possibly both legs have had to be amputated.|
|Spinal Injury Quadriplegic (Paralysis)||£246,750-£307,000||Very severe injury of the spinal cord.|
|Spinal Injury Paraplegic (Paralysis||£166,500 - £216,000||Severe injury of the spinal cord.|
|Face Injury - Very Serious||£15,400 - £73,200||A facial disfigurement or has severe scarring of the face. Compensation will be affected by the level of severity.|
|Face Injury - Moderately Serious||£12,200 - £27,300||Facial fractures or breaks.|
|Face Injury - Minor||£1,700 - £12,350||Minor facial scarring.|
You may find a child car accident compensation calculator online to give you an estimation of your payout. But beware that these tools can provide inaccuracies. Instead, why not get in touch today for an expert consultation about your case? That way, you can get free legal advice and connect with a personal injury solicitor.
Our panel of specialist solicitors always handle claims on a No Win No Fee basis. So, unless your claim is a success, there are no additional solicitor costs for you.
Therefore, there’s no financial risk in the claims process as there aren’t surprise legal bills or upfront fees. We only charge if we win your case, with the payment being a set percentage of the compensation. With No Win No Fee claims, what do you have to lose?
Our expert in-house claims solicitors have decades of experience in the personal claims industry. And they have a great track record with car accident claims for successfully claiming maximum compensation over and over again. We always do our utmost to do right by our clients and get them the compensation they deserve.
Our professional team deals with compensation claims that work alongside our legal experts to bring outstanding service to our clients. We understand that you are going through an emotional and stressful time at the moment. And so, we will do our best to make the claims process as smooth and easy as possible for you. We will hold your hand every step of the way. And we work hard to get you the child car accident claims compensation you need.
We are a friendly and reliable team that work well together. And we give all our clients the fantastic service we are popular for providing. Just take a look at our client feedback.
If your child has been injured after being involved in a car accident and wants to claim accident compensation on their behalf or have any questions, all you need to do is call us on 0800 073 8804.
Our team will be more than happy to help you in any way possible. They can talk you through the claiming process, so you can better understand how to begin.
We are friendly and very approachable and will be empathetic to your situation. And we will fight your corner and do all we can to get the maximum compensation you deserve.
This is the government site for road accidents and safety statistics which you may find interesting.
This is the legislation for the Road Traffic Act 1988.
This is the government’s report of reducing accidents to children/young people at home or on the roads.
This is a link to a guide about general car accident claims that may be useful to you.
Again, this links one of our guides about claiming as a passenger in a car accident. So, it could be particularly helpful if claiming on behalf of a child in an accident.
Check out our whiplash injury compensation claims calculator. If you have any questions on whiplash compensation amounts for your child’s whiplash claim, contact us today.
Child Car Accident Claims FAQs
Could I file a claim if a child is in a road accident?
Yes, regardless of the victim’s age, there are grounds to file a compensation claim.
Do the severity of the injuries determine the viability of the claim?
No. The injuries may be major or minor; what truly matters is that you have sufficient evidence to support the claim.
How does a child make a claim?
Well, a litigation friend represents the child if they’re under 18 and makes a claim on their behalf.
But what if the child turns 18?
In that case, the child is then able to make a claim themselves.
How long do they have to make a claim?
There is a 3-year window in which to make a compensation claim.
What if the first offer is unacceptable?
Most first offers suffer rejection anyway, so this is not a problem.
But what if a defendant issues a final offer?
Legal advice will determine whether or not you should accept what the defendant describes as a final offer.
And when does the child receive their compensation?
Once there is an agreeable settlement, the payment of the compensation should come within 14-28 days.
Thanks for reading our guide on how to claim child car accident compensation. Please get in touch if you have any further questions about child car accident claims.