By Cat Way. Last Updated 10th September 2024. This guide will 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 examine 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 while at nursery and school, 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.
Browse Our Guide
- What Are The Eligibility Requirements For Child Accident Claims?
- Can I Make A Personal Injury Claim On Behalf Of My Child?
- What Types Of Accidents Could Lead To A Child Injury Claim?
- Compensation Payouts In Child Personal Injury Claims
- What Evidence Do I Need For Child Accident Claims?
- Is It Possible To Make Child Accident Claims On A No Win No Fee Basis?
- Call For Free Advice And Start Your Claim
- Learn More About Child Personal Injury Claims
What Are The Eligibility Requirements For Child Accident Claims?
The eligibility criteria in child accident claims are the same as in any other personal injury claim. A third party owes a child a duty of care, and if that duty is breached, a claim could potentially be made.
We’ll cover some specific examples later in the guide, the general eligibility criteria in child personal injury claims are as follows:
- A third party owed the child a duty of care at the time of the accident.
- That party failed to uphold this duty in some way.
- This failure caused an accident in which the child was injured.
To find out if you are eligible to claim behalf of a child, or to ask any questions about child personal injury settlements, talk to our team today. You can reach an advisor at any time using the contact information provided above.
Can I Make A Personal Injury Claim On Behalf Of My Child?
For child accident claims, the injured person may not claim for themselves as they are under eighteen. Despite this, their claim can go ahead with the help of a litigation friend. This refers to someone who is nominated to represent the claim on another person’s behalf. They must be entrusted to represent the injured person’s best interests. Therefore, litigation friends are often:
- A parent, relative or guardian
- A friend of the family
- A personal injury solicitor
- A professional advocate
It is important to note that any compensation awarded will belong to the injured child, not the person representing them. We will provide more details on this in a later section.
If you have any questions about how child personal injury claims work or want to know if you could be a litigation friend, check in with an advisor today. They can assist you with any queries and potentially put you in contact with an experienced No Win No Fee solicitor.
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 properly trained to stack shelves carefully. They fell while stacking a high shelf and hit their head, damaging their brain.
- 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 below table have been taken from, excluding the top row.
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 | Guideline Amounts |
|---|---|---|
| Multiple Severe Injuries Plus Associated Costs and Expenses | Very Severe | Up to £1,000,000+ |
| Brain/Head | Moderately Severe | £267,340 to £344,150 |
| Brain/Head | Less Severe | £18,700 to £52,550 |
| Neck | Severe (i) | In the region of £181,020 |
| Neck | Moderate (ii) | £16,770 to £30,500 |
| Post-Traumatic Stress Disorder | Severe | £73,050 to £122,850 |
| Post-Traumatic Stress Disorder | Moderately Severe | £28,250 to £73,050 |
| Post-Traumatic Stress Disorder | Moderate | £9,980 to £28,250 |
| Arm | Injuries Resulting in Permanent and Substantial Disablement | £47,810 to £73,050 |
| Severe Leg Injuries | Moderate | £33,880 to £47,840 |
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 an experienced personal injury solicitor could help you claim compensation on your child’s behalf, or read on to learn more about the child injury claims process.
What Happens To My Child’s Compensation?
You may be wondering what happens to the compensation awarded in the event that a child injury compensation claim is successful. If the claimant is 18 or older when the claim ends, the compensation can be sent directly to them.
However, if claimants are under 18, the proceeds of child personal injury settlements are placed in a Court Funds Office account until their 18th birthday.
A litigation friend can request that funds are withdrawn, but only if they can show how the funds will benefit the child. For example, some money from a child injury claim payout could be taken out to pay for the child to have physiotherapy sessions.
This is something else which a specialist child personal injury claim solicitor can offer sound advice on. You can learn whether a solicitor can help you claim on a child’s behalf by calling our team for a free evaluation today.
What Evidence Do I Need For Child Accident Claims?
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 success fee if you receive compensation. The percentage taken is legally capped to ensure that you receive the majority of the compensation. If you don’t win compensation, you don’t pay fees to 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 seek representation by 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.
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:
- How Much Compensation For a School Accident Claim? – If your child has been injured while at school or on a school trip, find out how much compensation you could claim and start by getting free legal advice.
- Can I Claim Compensation After Eating At Nando’s? – A helpful guide if your child has been exposed to Nando’s allergens and suffered a severe reaction.
- Nursery Accident Compensation Claims – If your child been injured whilst at their nursery, get free legal advice today and see if you can claim compensation for nursery injuries.
- Health And Safety For School Children – Whilst your child is at school, the school is responsible for their safety. This also applies if your child is on a school trip with the school.
- Education While Your Child Is Ill – If your child is unable to attend school because of your child’s injuries or illness, find out more information.
- Inform Ofsted About A Serious Child Safeguarding incident: Online Form For Local Authorities – If your child has been involved in a serious injury at school, you can notify Ofsted about any incidents where the child has suffered harm, including children in care or those living at home.
- Pedestrian Injury Compensation Claim – If your child was injured as a pedestrian, this guide could help you understand how to seek compensation.
- Stuck In A Lift Compensation Claims – Learn how to make a personal injury claim if you suffered an injury after getting stuck in a lift.
- Advice On How To Claim Compensation – here you can find more general advice on claiming compensation
