Child Injury Claims

Making a child injury claim

Children can be accident-prone. Having little incidents helps them learn and develop.

But there is a difference between your child getting themselves into a minor scrape and being hurt because of someone else’s negligence.

If your child has been caught up in an accident caused by someone else and they suffered a personal injury, you could be able to make a compensation claim on their behalf. This could have been in any sort of accident, including:

• Medical negligence
• Public place accidents
• Road traffic accidents – whether they were in a car, riding their bike or walking as a pedestrian
• School accidents – including nurseries and colleges, as well as being on a school trip

First4Lawyers could help you make that claim. We could match you to one of our expert solicitors, who will do all they can to get you the compensation you’re entitled to.

How much compensation can I claim for my child?

The amount of compensation you can claim for your child will depend on the injury they have suffered. The injury severity, how long their recovery is expected to take and any lasting effects will all be considered.

Specific injuries are generally awarded certain amounts of compensation. For example, your child could receive up to £5,800 for a minor hand injury. But a severe ankle injury that causes permanent problems when walking could see up to £61,090 awarded.

Compensation can also be claimed for any financial impact the accident has had. For example, if your child had their personal belongings – like a bicycle or phone – broken, you could claim for the cost of repairing or replacing them.

You can also include the cost of any medical care in your claim. This includes any treatment, such as physiotherapy, any mobility aids your child may need and any medicine, whether it’s prescription or over the counter. It also covers any modifications or adaptations you may need to make to your home.

Your solicitor will help you work out exactly what you’re entitled to in compensation.

What happens to my child’s compensation?

If you were claiming for yourself, your compensation would generally be paid to your solicitor, who would then send you the payment.

But your child’s compensation will usually be kept in a protected account until they turn 18. At that point, they can then access their compensation, which will have accrued interest.

You may be able to receive some of their compensation early. This is known as an interim payment and you could get one if you can show that your child requires care or treatment that you need to pay for. Your solicitor will be able to let you know if this will be possible.

If your child was severely injured and lacks the capacity to take care of their own financial matters, the Court of Protection will appoint a deputy to manage their finances on their behalf. This will usually be a close relative, friend or professional.

Meanwhile, if you think a personal injury trust will be appropriate for your child, your solicitor could help you set one up. This means any benefits your child receives won’t be affected by the compensation they receive.

Can my child claim for themselves?

The law states that a child cannot make a claim for themselves as they lack the legal capacity to do so. This means that someone else has to claim for them.

That person is usually a parent or guardian. They are called a litigation friend.

Other people can also be appointed by the court as a litigation friend. They include other family members over 18, solicitors and professional advocates.

How can I pay for a claim?

In most cases of personal injury, your solicitor will be able to offer you a No Win No Fee agreement. With a funding agreement like this, you won’t have to pay any legal fees unless your claim is successful.

It also means there is nothing to pay upfront. That leaves you free to focus on helping your child recover, instead of thinking about how you’ll pay for your claim.

How long do I have to make a claim?

When you’re claiming on behalf of a child, you can start your claim at any point up until they turn 18.

After they turn 18, if they are able to, they will then have three years to make a claim for themselves. This means that altogether, it is possible to begin a claim up until your child is 21.

If your child lacks the capacity to claim for themselves, you will usually be able to claim on their behalf at any point.

Will we have to go to court?

Adults making compensation claims rarely end up in court. There are very few occasions when a claim can’t be concluded outside of court.

But claims involving children are slightly different. Before a settlement is agreed, an infant approval hearing has to take place. This is also known as a damages-based hearing. During this hearing, the settlement amount proposed for your child goes before a judge.

This is so the court can ensure the child’s best interests are being considered. The hearing is held to make sure that the claim is not under compensated for what happened to them.

The hearing is generally straightforward. Your child may have to attend the hearing, depending on their age and how seriously they were injured.

Your solicitor will ensure you know what to expect and will guide and support you through the process.

What do I need to make a claim?

Evidence will always make a claim stronger – and this is no different in the case of child accident claims.

If you can provide proof that your child was hurt because of someone else’s negligence, you will give yourself a better chance of a successful claim. This could include:

• CCTV or dash cam footage
• Medical records
• Police reports
• Witness statements

It’s also important to respond to your solicitor’s requests as quickly as possible. Providing any information they need promptly will help to keep your claim moving along smoothly.

Why should I make a claim?

If your child has been hurt and someone was responsible for it, they are entitled to compensation. This can help secure their future, as well as pay for care they may need now. It can help you not worry if you’ve had to take time off work to look after them.

But perhaps more importantly, making a claim will alert the person or organisation responsible for the accident that something is wrong. This can help them address any issues and make sure that it doesn’t happen to another child in the future.

To get help from our child injury lawyers, just get in touch. Give us a call, request a call back or start your claim online.