Has your child been injured in an accident? Was the accident caused by the negligence of someone who was responsible for their safety? If so, they may be entitled to compensation.
There are a number of injuries that your child could sustain in an accident. Some can be relatively minor, whereas others can be more serious. An injury like a broken bone might cause problems later on in life if it doesn’t heal properly. And injuries like brain damage can have a severe and permanent effect on your child’s quality of life.
To get free legal advice about making a child personal injury claim, you can speak to our team of advisors today at 0800 408 7825 or use our contact form. If they assess that your claim has a good chance of success, they can connect you with someone from our panel of personal injury lawyers.
Select A Section
- What Are Child Personal Injury Claims?
- Types Of Accident In Which Children Could Be Injured
- How Could Children Be Affected By Accidents And Injuries?
- Who Could Make A Child Personal Injury Claim?
- What Is The Limitation Period For Child Personal Injury Claims?
- Child Personal Injury Claims Calculator
- Get In Touch With A No Win No Fee Expert
- Further Resources
To make a child accident or injury claim, you would have to prove that the accident was caused by negligence on the part of someone else. There are some situations where you’re owed a duty of care, meaning that someone is responsible for ensuring your safety. This includes on the road and while in public places.
There are two types of damages you could receive as part of your compensation. These are referred to as general and special damages.
General damages cover the actual pain and suffering that your injuries have caused you. Special damages cover any financial loss caused by the accident, such as medical fees or home adjustments.
To make a claim, you would first have to collate evidence. This could include, but is not limited to:
- CCTV recordings
- Reports from things like accident books
- Witness details
- Medical records
A medical assessment will usually be arranged for your child as part of a claim. Here, the full extent of their injuries will be assessed and the findings noted in a report. This report will be used to value their claim. This report will include any lasting effects on your child and how it may affect their quality of life in the future.
There are a number of different accidents that children could be involved in. These accidents could occur in a range of different environments. For example:
- Slips, trips and falls. Your child could fall on a wet floor at school that was not properly signposted. This could cause them to sprain their ankle.
- Hit by falling objects. It’s the responsibility of the person in control of the space to keep it safe for use. If your child was hurt by faulty equipment in a public playground, you could claim.
- Road traffic accidents (RTAs). A child could be hurt in a car accident as a passenger. If this is the case, they would be able to claim regardless of whether the vehicle they were in was at fault or not.
A child could sustain any number of injuries from an accident. For example, they could experience a fractured skull as a result of a playground accident. In some cases, their injuries may be so severe that amputation is required. Some accidents involving children can even be fatal.
In some cases, children may be injured in an accident in a way that won’t affect them in the future. In other cases, though, injuries sustained by children can have a real impact on their quality of life as they grow.
For example, a skull fracture could cause a brain injury. This could affect things like language acquisition, coordination and cognitive development. It could mean that they require rehabilitation and care into adulthood.
Alternatively, a break to a bone might be severe enough that it causes long-term damage to the child. It could cause an increased risk of osteoporosis. This section is not exhaustive, and your child may be affected by an injury in a way we haven’t mentioned above. It is important to note that each case is assessed individually according to the circumstances.
A child cannot legally represent themselves in a personal injury claim. To make a claim, you have to be at least 18. This is why in personal injury claims with children, a litigation friend is required.
This is someone who acts on behalf of the child in the claim. It can be anyone who acts in the best interests of the child, including a solicitor, parent, guardian or older friend.
A litigation friend is responsible for making decisions within the child’s best interests, keeping them reasonably informed, and liaising with the personal injury solicitor during the case. They may also need to cover any fees the court demands, though they can apply to be paid back for this afterwards.
A litigation friend’s role will often end after the court proceedings have finished. Even after this, you’ll still need to be in charge of the child’s Court Funds Office (CFO) account, which will hold their compensation money when paid. This responsibility will end as soon as the child turns eighteen.
Generally, there is a three-year limitation period to starting a personal injury claim. However, when the injured person is under the age of 18, some exceptions apply.
A litigation friend can make a claim on behalf of a child at any point until they turn 18. When the child turns 18, they have three years to make their own claim if one has not already been made.
In some cases, a child may not have the mental capacity to pursue their own claim even when they turn 18. In this case, a litigation friend could claim on their behalf. If they recover, they have 3 years to pursue their own claim.
As we’ve mentioned, the court protects the compensation money for the child in a CFO account until they turn eighteen. However, you could appeal to the court if you feel the money is needed before then for costs benefiting the child. They may ask you to provide evidence of how it will benefit the child before the money is released.
In this section, we will look at guideline compensation amounts for a variety of children’s injuries. These figures are taken from the Judicial College Guidelines, which can be used to help value injuries. It is important to note that these numbers are just estimates, and each case will be valued individually according to the circumstances.
Injury Severity Amount Notes
Brain Less Severe £14,380 to £40,410 This includes cases where a good recovery will have been made, but functionality may not be fully returned. May affect concentration, memory and mood, which could affect everyday activities. Also, there may be a small risk of epilepsy.
Brain & Head Minor £2,070 to £11,980 This includes cases where brain damage, if present, is minimal. This will also be judged on the severity of the original injury, recovery time, and any lasting symptoms.
Arm Less Severe £18,020 to £36,770 This includes cases where there are significant disabilities, but much of the recovery will have been made.
Wrist (b) £22,990 to £36,770 This includes cases where there may be a permanent disability but still some useful movement.
Leg Serious (iii) £36,790 to £51,460 This includes cases where there may have been a serious fracture or injury to joints and ligaments. It may also prohibit weight-bearing and increase the chance of arthritis.
Ankle Moderate (c) £12,900 to £24,950 This includes cases where a fracture or ligament tear may give rise to a more serious disability. May also prohibit walking or standing for long periods.
You may also receive special damages. This covers losses or expenses already accumulated because of your child’s injuries, as well as those that you could incur in the future. It can cover:
- Loss of wages if a parent or guardian has had to take time off work to care for the child
- Medical expenses
- Travel expenses
- Adjustments to the home
In order to claim special damages, you’ll need to provide evidence of the costs you have incurred. For example, you could show invoices for adjustments to the home, such as the installation of a wheelchair ramp.
If your child has suffered an injury because of a breach of duty of care, speak to one of our advisors today about making a child personal injury claim. You could be eligible to make a claim for compensation on their behalf.
If our advisors connect you with one of our solicitors, they may offer their services on a No Win No Fee basis. This means that if your claim is not successful, your solicitor will charge you nothing upfront.
However, if your claim is successful, your solicitor will take a pre-discussed percentage of your compensation amount once it is paid. This is legally capped, meaning that you’re always guaranteed the majority of the compensation you’re awarded.
Get in touch with us today to find out more about No Win No Fee agreements. You can:
- Call us on 0800 408 7825.
- Use our contact form via our website
- Use our live chat to get instant answers from an online advisor
Thank you for reading our guide on child personal injury claims. We hope it answered any questions you may have had. See below for more relevant links.
Crushed Arm Compensation Guide – A guide to compensation amounts after a crushed arm injury.
Crushed Leg Injury and PTSD Compensation Guide – A comprehensive guide to compensation amounts after a crushed leg injury that also results in Post-Traumatic Stress Disorder.
Find an Accident and Emergency Service Near You – An NHS search bar for your closest A&E.
School Injury Claims– This guide looks at claiming compensation for an injury at a school
Baby and Toddler Safety – An NHS guide on keeping your baby or toddler safe.
Royal Society for the Prevention of Accidents- This charity provides advice and guidance about reducing the risk of accidents causing injury.
We also have some other guides you may find useful:
- Public accident claims hot spots
- Council slip and trip accidents
- Public transport accidents
- How to make a public liability claim
- Making a claim against the council
- Claiming for a pothole injury
- Making a claim against a shop
- Accidents in a public park
- Cycling accident claims
- Claiming for injuries suffered while shopping
- How to claim compensation from a public school for a personal injury
- Toddler Accidents In A Public Place
- How to claim compensation for an accident in a supermarket
Thank you for reading our guide on child personal injury claims.
Article by AO
Published by ET