Child Injury Claims – Can I Seek Compensation On Behalf Of My Child?

Child injury claims are legal claims for compensation on behalf of a child injured due to another’s negligence. Guided by the Children Act 1989 and government regulations (gov.uk), they verify the child’s right to compensation. Parents can claim until the child turns 18, and a child also has the right to claim themselves once they turn 18. They have 3 years to do so from their 18th birthday.

 We want our children to always be safe, so it can be particularly hard to see them hurt because of someone else’s negligence. While no amount of money can erase what happened to them, compensation can help support your child’s recovery and reclaim the costs related to their injuries. In this guide to child injury claims, you will learn all about the steps involved in pursuing compensation.

First, we look at the eligibility criteria for starting a claim and whether a parent can seek compensation on their child’s behalf. We then detail what compensation can cover and how it might be calculated.

Our guide will next take a look at some common examples of accidents that might lead to a valid claim, as well as what evidence might be useful. The final part of our article looks at how one of our expert No Win No Fee solicitors could help.

At any point in this guide, you can use our 24/7 advice services to learn more about the child injury claims process. Use the details below to get started:

• Ring on 0161 509 2856
• Contact us online.
• Ask the chat support a question for an immediate answer.

Frequently Asked Questions 

1. My Child Was Injured, Can I Claim Compensation?
2. Can I Make A Serious Injury Claim On Behalf Of My Child?
3. What Compensation Can Be Awarded In Child Injury Claims?
4. Examples Of Accidents That Can Be Claimed For On Behalf Of A Child
5. Can My Child Claim For Themselves Once They Turn 18?
6. The Steps For Starting Child Accident Claims
7. Can Child Injury Claims Be Made On A No Win, No Fee Basis?
8. Learn More

My Child Was Injured, Can I Claim Compensation?

If your child has been injured, then it may be possible to claim compensation on their behalf. In order to do so, the following criteria will need to be met:

• Your child was owed a duty of care at the time of the incident.
• That duty of care wasn’t upheld. 
• Your child was harmed as a direct consequence.

Your child will be owed a duty of care in many different settings, including on the road and in public spaces. This duty is laid out by various pieces of legislation and sets out the responsibilities that a third party has to others. We’ll cover what those responsibilities are later on in this guide. 

What Is A Litigation Friend?

A litigation friend is a role that allows a person to make a claim on behalf of someone who is a minor or doesn’t have sufficient mental capacity. That is because groups cannot make a claim for themselves.

The role is typically held by a member of the family, a guardian, or other concerned party (such as a solicitor), who is appointed by the courts to carry out the duties of a compensation claim. Litigation friends represent that person’s best interests in the case and make decisions on their behalf. They will also communicate with the solicitors involved and provide regular updates on the claim.

You can find out more about litigation friends and the criteria for claiming by speaking to a team member. All advice is free and without obligation, so please don’t hesitate to get in touch today.

Can I Make A Serious Injury Claim On Behalf Of My Child?

You can make a serious injury claim on behalf of your child if it meets the criteria we discussed above. As mentioned, minors are unable to initiate compensation claims themselves, so you’d be able to act on their behalf as a litigation friend.

Serious injuries can have far-reaching consequences for children, including:

• Developmental delays that might have a significant impact on education.
• Enduring symptoms like chronic pain or permanent disability that affects physical or cognitive function. This may mean your child needs long-term specialist care.
• Emotional distress and psychological problems, ranging from depression and anxiety to post-traumatic stress disorder (PTSD).
• A serious injury can also affect a child’s quality of life, impacting relationships, self-esteem, and the ability to care for themselves or do things like play sports.

However, it’s important to point out that a claim can be brought about regardless of whether your child’s injuries are considered minor or major, so long as there are valid grounds to pursue compensation.

Are The Parents Of An Injured Child Entitled To Claim?

Yes, the parents of injured children are entitled to claim so long as the criteria talked about earlier in this guide are met. As also mentioned, parents can act as a litigation friend if their loved one is under 18.

You can find out more about how parents can help their children make a claim for compensation by getting in touch with our advisory team. They’re here to help, and all advice given is free and confidential. So, why not call to discuss?

What Compensation Can Be Awarded In Child Injury Claims?

Compensation in successful child injury claims can be made up of general and special damages. General damages cover a child’s physical and psychological harm, while special damages compensate for the resulting financial impact.

To help put a potential value on general damages, solicitors may refer to a publication called the Judicial College Guidelines (JCG). It collates suggested brackets for compensation, covering various forms of injury and harm.

The bullet point list below uses some entries (except the first line) from the JCG. The selected brackets are not a guarantee of compensation and have only been included in this guide for guidance purposes:

Compensation Guidelines

• Multiple Severe Injuries and Special Damages – Up to £1 million+ – This reflects multiple severe injuries with special damages applied for costs like private medical treatment and adaptations needed in the home.
• Paralysis – Tetraplegia (also called Quadriplegia) – £396,140 – £493,000 – Examples of mid-range awards here would cover cases where someone has full awareness of the disability but is not in pain. They will need assistance with bodily functions, but will have retained speech, hearing, and sight.
• Head/Brain Injuries – (a) Very Severe – £344,150 – £493,000 – At the top bracket, the person retains the capacity to follow some basic instructions, but there’s little/any indication of meaningful interaction with their environment or language function.
• Neck Injuries Severe (ii) – £80,240 – £159,770 – Cases typically involving serious fractures or damage to cervical discs which result in disabilities of considerable severity, such as a substantial loss of neck movement and 1 or more limbs losing function.
• Chest Injuries – Traumatic (b) – £80,240 – £122,850 – A traumatic injury affecting the lungs, heart, and/or chest. This injury will result in damage that is permanent, physical disability, function impairment, and reduced life expectancy.
• Knee Injuries – Severe (ii) – £63,610 – £85,100 – There will be a leg fracture that carries on into the knee joint, permanently creating a constant source of pain and impairing movement or agility.
• Wrist Injuries – Loss of function (a) – £58,710 to £73,050 – Cases where the wrist is completely left without function.
• Back Injuries – Moderate (i) – £33,880 – £47,320 – A variety of injuries are covered under this bracket, including compression and crush-type fractures of the lumbar vertebrae. This would result in continuous discomfort and pain as well as lead to substantial risk of developing osteoarthritis.
• Hand Injuries – Severe Fracture to Fingers – Up to £44,840 – Might give rise to partial amputations and leave someone with issues like deformity and impaired grip.
• Ankle Injuries – Moderate – £16,770 – £32,450 – Injuries like ligament tears and fractures that result in less serious disabilities, such as problems with standing or walking for long periods, or walking on uneven ground.

How Is Compensation Calculated In Child Personal Injury Claims?

There are a range of factors which may be considered when calculating compensation for child personal injury claims. For instance, general damages can be influenced by the severity of an injury, how it has impacted a child’s life, and what the prognosis is for recovery.

To calculate special damages in child injury claims, those involved look at evidence of financial harm. This documented proof can include the following:

• Invoices for private treatment, rehabilitation, or other medical expenses.
• Bank statements showing the costs of childcare or professional care, such as occupational therapy.
• Receipts and invoices for home modifications, like the installation of a bed lift.
• Payslips proving lost income, for example, from time off work to look after your child.
• Bus tickets, receipts for train tickets, or bank statements showing parking fees incurred while travelling between medical appointments. 

Every financial loss needs proof like the above examples in order to be claimed for under special damages.

How Will My Child Be Paid Their Compensation?

Your child’s compensation will be paid into a designated bank account at the Court Funds Office, where it is held until they turn 18. Any requests to access the money before that point are subject to court approval. Once your child is 18, they will be able to access the money and any accrued interest themselves.

Could Interim Payments Be Paid To My Child?

In some circumstances, it may be possible for interim payments to be paid to your child. Interim payments are small portions of the compensation that are paid out before a final decision on the claim is made. They can help cover certain costs that can arise during the claims process, ranging from private treatments to rehabilitative care.

Each request for compensation is determined individually by the courts. Interim payments are only possible if a claim looks likely to win or the defendant accepts liability. 

To find out more about interim payments and how a solicitor from Advice can help apply for them, speak to our advisors today for free guidance.

Examples Of Accidents That Can Be Claimed For On Behalf Of A Child

Below, we look at some examples of accidents that can potentially be claimed for on behalf of a child: 

Road Traffic Accidents

Road users have a duty of care to avoid causing injury or damage to themselves and others. They also need to follow both the Road Traffic Act 1988 and the Highway Code. If a road user fails to meet their duty of care, it can result in accidents like the following:

• A drunk driver loses control of their car and hits a child on the pavement, causing life-altering injuries and serious paralysis. 
• A speeding motorist fails to stop in time at a pedestrian crossing, resulting in a child being hit by their car and permanently disabled.
• A driver distracted by their mobile phone hits a child on their bike at a junction, leaving them with multiple fractures and a dislocated shoulder.

Public Liability Accidents

The Occupiers’ Liability Act 1957 requires those in control of public spaces to take practical steps to ensure that visitors are reasonably safe. These steps could involve an occupier dealing with hazards in walkways or conducting regular inspections on playground equipment. Failing to take such actions may lead to scenarios such as:

• A playground is not routinely inspected by the council, which leads to a build-up of potentially dangerous debris. Due to this inaction, a child cuts their foot on shards of glass that had accumulated in a sand pit, leaving them with multiple lacerations and permanent scarring.
• The company in charge of a zoo fails to display signs alerting visitors to the potential risk of feeding certain animals in a petting area. As a result, a child gets badly bitten and suffers nerve damage.
• The height safety restrictions on a fairground ride are not enforced by those in charge. Subsequently, a teenager is left with a severe neck injury because the safety fittings are too big to hold them in their seat.

School Accident Claims

Under Section 4 of the Health and Safety at Work etc. Act 1974 (HASAWA), schools in the UK have a duty of care to non-employees on its premises, including pupils. A school could meet this duty of care by performing regular inspections and maintenance, or by ensuring staff have adequate food hygiene training.

If a school doesn’t take such reasonable steps, it can result in an incident like:

• Fixtures and fittings are left in a state of disrepair despite the school being aware of the dangers posed by that. This failure results in a student suffering nerve damage when they cut their hand trying to open a faulty window.
• School hallways are cleaned without any warning signs being displayed about the slippery surfaces. A child then slips on the wet floor and fractures their ankle.
• A school repeatedly delays making essential repairs despite knowing the building’s structure is unsafe. As a result, a student is struck by falling debris in a classroom, leaving them with serious head trauma.

Sports Injuries/Dance Class Accidents

Those in charge of recreational activities like sports or dance have a duty of care under the Occupiers’ Liability Act or the HASAWA, depending on the circumstances. A claim might be possible in situations like:

• Sports equipment at a school is not regularly inspected, resulting in a netball pole giving way and collapsing onto a student. The student suffers multiple broken bones and is left unable to play sports.
• Staff at a private dance academy use improper cleaning techniques, making surfaces slippery. This poor maintenance routine causes a child to slip during ballet class, leaving them with a fractured metatarsal.

Medical Negligence Claims

All medical professionals must provide their patients with a level of care that meets minimum expected standards. A child may be eligible for medical negligence compensation in circumstances like the following:

• A GP mistakes the symptoms of leukaemia for the flu and takes no steps to order blood tests or biopsies. This delays diagnosis, allowing the cancer to worsen and become harder to treat. 
• A surgeon misinterprets the X-ray scan for a child patient, leading them to wrongly conclude that they need knee surgery. This unnecessary surgery causes long-term damage and permanently affects their mobility.

There are many other reasons why child injury claims happen, and you can find out more by contacting an advisor. They provide 24/7 assistance and can answer any questions you might have.

Can My Child Claim For Themselves Once They Turn 18?

Your child can claim for themselves from the day they turn 18. Normally, the Limitation Act 1980 sets out a 3-year time limit for starting a claim, but this is paused for minors.

Instead, time limits only take effect for children once they turn 18. That means your child would have until their 21st birthday to begin a claim, so long as a litigation friend didn’t pursue compensation on their behalf while time limits were on hold.

If you’d like more information, you can get in touch at any time by using the contact details listed in this guide. 

The Steps For Starting Child Accident Claims

The steps for starting child accident claims begin with collecting evidence. There needs to be sufficient proof showing how someone breached their duty of care, leading to the accident and injury. With this in mind, the following can be helpful:

• Copies of your child’s medical records detailing their injury and what treatments they’ve received.
• Specialist reports or other findings that detail the future prognosis and rehabilitation.
• Photos of any injuries that might be visible.
• A copy of any CCTV recording or other video footage that captured the incident.
• The contact details of others who witnessed the accident and injury. This information can be given to a solicitor, who can gather statements that might bolster the claim.
• A copy from an accident book that was kept in the location of the accident (such as in a shop or school).
• If your child was injured in a road traffic accident, then it may be necessary to have the other party’s insurance details, as well as their vehicle registration, make, and model.

A solicitor from Advice can assist in collecting evidence like the above examples to support any compensation claim. You can reach out to our advisory team for further information.

Can Child Injury Claims Be Made On A No Win No Fee Basis?

Yes, child injury claims can be made on a No Win No Fee basis. Our solicitors use a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). Its terms come with the following benefits:

• No upfront solicitor fees to get going with a claim.
• As work on the claim moves forward, no extra solicitors fees will pop up.
• If the claim fails, there won’t be any solicitor fees to pay at all.

For a claim that wins, then a success fee is paid for the solicitor’s work. However, this fee is kept small as the percentage taken from a claimant’s compensation is capped.

A CFA isn’t the only advantage to working with one of our experienced solicitors. They offer a range of services alongside their tireless dedication and expertise, including:

• Explaining all aspects of the claims process, from terminology to documentation.
• Assisting with interim payment applications.
• Helping gather evidence to build the strongest claim possible.
• Handling all communications and negotiations with the other party.

Contact Our Solicitors

Our advisors are available 24/7, so please don’t hesitate to get in touch with the team at a time that is convenient for you. Simply use the details below to find out more about child injury claims:

• Ring on 0161 509 2856
• Contact us online.
• Ask the chat support a question for an immediate answer.

Learn More

In addition to the information here about child injury compensation claims, you can read other guidance by following these links:

• Here, you can read more about the role of a litigation friend.
• Take a look at claiming for accidents in a public place.
• See how to claim for a psychological injury.

External help around this topic:

• In addition, read government advice about the health and safety of children in schools.
• Here is a useful symptom checker from the NHS.
• Read about how to request CCTV footage.

As you reach the end of this article, we want to say that we appreciate you reading our guide on child injury claims.

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