In this guide, we’ll be exploring child injury claims. Unfortunately, there are a number of ways that a child could sustain an injury, either in public, at school, or on the roads, that are entirely out of your control.
If you can prove that your child was injured as a result of someone else’s negligent actions, then you may be able to make a personal injury compensation claim on their behalf. This guide will explore what kind of accidents could lead to a child being injured, and what criteria needs to meet to have valid grounds to claim compensation on your child’s behalf.
Then, we’ll talk about the child injury claims process. Children cannot claim for themselves, but that doesn’t mean they can’t claim at all. We’ll explore how you could claim on your child’s behalf, and what kinds of evidence you might need to support the claim.
We’ll also explore compensation, including how much you could receive, and what happens to compensation that is awarded to those under the age of eighteen. Finally, our guide will discuss the benefits of working with a No Win No Fee solicitor on a child injury claim.
Contact Us
Our team are here to help. If you’d like to learn more about making a child injury compensation claim, contact us today by:
- Calling on 020 8050 2736
- Using the live chat feature
- Contacting us online
Browse Our Guide
- What Are Child Injury Claims?
- How Does My Child Make A Claim?
- What Evidence Can Help In Child Accident Claims?
- How Much Child Injury Compensation Could I Claim?
- Can A No Win No Fee Solicitor Help With Child Injury Claims?
- Read More About Personal Injury Claims
What Are Child Injury Claims?
When your child is in certain environments, they are owed a duty of care. For example, this can include:
- In public: While in a public place, you and your child are owed a duty of care by the person in control of that space. This duty is outlined by the Occupiers’ Liability Act 1957, which states that they must ensure the space is reasonably safe for visitors.
- While travelling: All road users owe a duty of care to use the roads safely and without causing damage to themselves and others. To uphold this duty, they need to comply with the Road Traffic Act 1988 and the Highway Code. Failing to do this could lead to a road traffic accident.
What Criteria Does My Claim Need To Meet?
Generally, to form the basis of a valid personal injury claim, you need to prove that:
- Your child was owed a duty of care
- This duty was breached
- Your child was physically or mentally injured as a result
A breach in this duty of care could involve a drunk driver rear-ending your car at a red light, causing your child to suffer from whiplash. Or, it could involve your child tripping over an unmarked trailing lead in a supermarket accident, causing them to suffer a broken leg.
To find out if you could be eligible to claim on behalf of a child, contact our team today. Or, read on for more information on child injury claims.
How Does My Child Make A Claim?
A child under the age of eighteen cannot make a claim themselves, but this doesn’t mean that they can’t receive compensation. You, or another trusted adult, can apply to claim on a child’s behalf as their litigation friend.
To apply as a litigation friend, you will need to fill out a certificate of suitability. This helps the courts check that there are no conflicts of interest, and that you can make fair, competent decisions on your child’s behalf.
As a litigation friend, you will be expected to:
- Make decisions entirely in the best interest of the claimant
- Take all the steps you can to adequately communicate with them what’s going on, and take their feelings and choices into account
- Pay costs ordered by the court
- Communicate with their solicitor, if you choose to work with one
How Long Do You Have To Claim Child Injury Compensation?
When you make a claim, you have to do it within the personal injury claims time limit. Usually, you have up until your child turns eighteen to claim on their behalf.
If you choose not to claim for them, then they will have three years to claim for themselves, starting on their eighteenth birthday and ending when they turn twenty-one. This is outlined in the Limitation Act 1980.
If you want to learn more about acting as a litigation friend, contact our team today. Or, read on to find out what kinds of evidence can help child injury claims.
What Evidence Can Help In Child Injury Claims?
Evidence is crucial in child injury claims. Ideally, you should be able to collect evidence that proves:
- Who is responsible for the injuries
- How they occurred
- How severe they are
- What treatment your child will need
- How long it will take them to recover
- How the injuries will affect them in the future
If you choose to work with a personal injury solicitor, they can assist in gathering the evidence needed to make a claim. This could include:
- Witness statements. You should collect contact details from anyone who saw the accident so statements can be collected at a later date.
- Photographs of the accident site.
- Photographs of your child’s injuries.
- CCTV footage of the accident.
Additionally, they could arrange an independent medical assessment for your child to attend as part of the claims process. This would generate a report that can be used to help when valuing injuries.
Get in touch with our team to learn more about how a No Win No Fee solicitor could help you claim compensation.
How Much Child Injury Compensation Could I Claim?
You might be wondering how much compensation you could get after your child’s accident. Child injury claims can result in a payout consisting of general damages, and special damages. Under general damages, which is awarded in every successful claim, you can claim for the pain and suffering your child went through because of their injuries.
When this heading is valued, those negotiating and valuing your settlement might refer to the Judicial College Guidelines (JCG). The JCG provides a list of mental and physical injuries alongside guideline compensation amounts.
Below, you can find some examples of these guidelines. Please note that the first entry has not been taken from the JCG.
JCG Compensation Brackets
| Injury | Compensation Bracket - Guidelines | Notes |
|---|---|---|
| Multiple Serious Injuries And Special Damages | Up to £1,000,000+ | A compensation payout addressing the pain and suffering of multiple injuries of a serious nature and financial losses, such as lost earnings. |
| Very Severe Brain Damage (a) | £344,150 to £493,000 | Little to no meaningful response to environment, and a need for full time nursing care. |
| Moderate Brain Damage (c) (i) | £183,190 to £267,340 | A moderate to severe intellectual deficit and no prospect of future employment. |
| Severe Neck Injuries (a) (i) | In the region of £181,020 | Cases in this bracket include a neck injury resulting in incomplete paraplegia or where the injured person has minimal movement in the neck even after wearing a collar 24 hours a day for many years. |
| Moderate Neck Injuries (b) (iii) | £9,630 to £16,770 | Injuries that accelerate or make pre-existing conditions worse. |
| Serious Shoulder Injuries (b) | £15,580 to £23,430 | Shoulder dislocation and damage to the brachial plexus. |
| Simple Arm Injuries (d) | £8,060 to £23,430 | Simple forearm fractures. |
| Uncomplicated Wrist Injuries (e) | In the region of £9,070 | Uncomplicated Colles' fractures. |
| Less Serious Leg Injuries (ii) | £11,120 to £17,180 | Simple femur fractures with no damage to the articular surfaces. |
Special damages cover the financial losses caused by your child’s injuries. For example, if you lost out on earnings because you had to take time off work to help them recover, this could be covered under special damages. This heading can also help recoup costs such as:
- Travel
- Prescriptions
- Mobility aids
- Medical treatment
- Childcare
- Home adjustments
When Will My Child Receive Their Compensation?
All compensation for child injury claims will be held in a trust account by the Court Funds Office (CFO) until they turn eighteen.
As a litigation friend, you can make withdrawals from this account, but you will need to submit an application to do so. This application may have to come with evidence, and you need to prove that the money will be used for the well-being of your child. For example, to help with medical bills.
In the weeks or months before your child turns eighteen, the CFO will contact them and tell them how to access their compensation. Once the child turns eighteen, your responsibilities for the account will end.
If you’re ready to find out if you could make a child accident claim on behalf of your injured child, contact our team of advisors today.
Can A No Win No Fee Solicitor Help With Child Injury Claims?
Making a claim on behalf of an injured child can seem daunting, but this is where a No Win No Fee solicitor could help. Our panel of solicitors offer their services under the terms of a Conditional Fee Agreement (CFA), which means that:
- You don’t pay any upfront fees for their work
- You don’t pay for their services if the claim fails
- You don’t pay any ongoing fees for their work as the claim continues
Working with a solicitor can make the child injury compensation claims process seem less stressful, because they can help with:
- Negotiating a settlement
- Filing within the time limit
- Collecting evidence
- Communicating with the defendant
- Explaining legal jargon
If the claim succeeds, then your solicitor will take a small percentage of your compensation as their success fee.
Contact Our Team
One of our friendly advisors can evaluate your claim for free, and answer any questions you might have about making a claim. Then, if they find your case is valid, they could connect you with one of our panel’s solicitors. Get started by:
- Calling on 020 8050 2736
- Using the live chat feature
- Contacting us online
Read More About Personal Injury Claims
For more helpful personal injury claims guides:
- Get help claiming for an accident at a pedestrian crossing with our guide.
- Learn about finger injury compensation payouts.
- Advice on claiming compensation for a permanent scar after an accident that wasn’t your fault.
Or, for further resources:
- Learn when to call 999 from the NHS.
- Find out how to request CCTV footage of yourself.
- Get help contacting the Court Funds Office with guidance from Gov.UK.
Thank you for reading our guide on child injury claims. If you have any other questions, please get in touch with an advisor using the contact details provided above.
