Child Injury Claims – How To Claim Personal Injury Compensation For Your Child

You can claim compensation on behalf of a child who has been injured due to someone else’s negligence. As a parent or guardian, you act as a ‘litigation friend’ to pursue the claim. The process has some unique aspects compared to adult claims, including court approval for settlements.

When a child is injured, the emotional and financial impact on a family can be significant. This guide will walk you through the process of claiming compensation for a child, explaining the key differences from adult claims and providing essential information for parents and guardians.

Who Can Claim for a Child?

A child cannot legally pursue a claim themselves. Instead, a ‘litigation friend’ must act on their behalf. This is typically:

• A parent or legal guardian
• A close family member
• In some cases, a court-appointed representative

The litigation friend is responsible for making decisions about the claim in the child’s best interests.

Time Limits for Child Injury Claims

Child injury claims have different time limits compared to adult claims:

• Claims can be made any time before the child’s 18th birthday
• After turning 18, the individual has until their 21st birthday to make a claim themselves

This extended time limit allows for any long-term effects of the injury to become apparent.

Types of Accidents Covered

Compensation can be claimed for various types of accidents involving children, including:

• School or nursery accidents
• Playground injuries
• Road traffic accidents
• Accidents in public places
• Medical negligence

The Claims Process for Child Injuries

Understanding the claims process is important when pursuing compensation for a child’s injury. While it shares similarities with adult claims, there are some key differences, particularly regarding the role of the litigation friend and the need for court approval. Here’s a step-by-step overview of what you can expect when claiming compensation for a child:

1. Initial Consultation: Discuss the case with a solicitor
2. Appointing a Litigation Friend: Formally appoint someone to act on the child’s behalf
3. Gathering Evidence: Collect medical records, witness statements, and other relevant information
4. Medical Assessment: Arrange for the child to be examined by an independent medical expert
5. Negotiation: Your solicitor will negotiate with the responsible party’s insurers
6. Court Approval: Any settlement must be approved by the court

Each of these steps plays a vital role in ensuring the child’s interests are protected and that they receive fair compensation for their injuries. Let’s look at them in more detail:

Initial Consultation

The process begins with an initial consultation with a personal injury solicitor. During this meeting:

• You’ll discuss the details of your child’s accident and injuries
• The solicitor will assess the viability of your claim
• They’ll explain the claims process and what to expect
• You’ll have the opportunity to ask questions about the process
• The solicitor will discuss funding options, including No Win No Fee agreements

Appointing a Litigation Friend

As a child cannot legally pursue a claim themselves, a ‘litigation friend’ must be appointed. This is typically a parent or guardian. The litigation friend:

• Acts on behalf of the child throughout the legal process
• Makes decisions in the child’s best interests
• Instructs the solicitor and signs legal documents
• May need to be formally approved by the court in some cases

Gathering Evidence

This crucial step involves collecting all necessary evidence to support the claim. Your solicitor will help you:

• Obtain medical records detailing your child’s injuries and treatment
• Collect witness statements from anyone who saw the accident
• Gather photographic evidence of the accident scene and injuries
• Obtain any relevant CCTV footage
• Collect school reports or other documents showing the impact on your child’s life

Medical Assessment

An independent medical expert will need to examine your child to:

• Assess the full extent of their injuries
• Provide a prognosis for recovery
• Identify any potential long-term effects
• Recommend any further treatment or rehabilitation

Negotiation

Once all evidence is gathered, your solicitor will:

• Calculate the full value of the claim, considering both current and future losses
• Present the claim to the responsible party’s insurers
• Negotiate on your behalf to secure the best possible settlement
• Keep you informed throughout the process and advise on any offers received

Court Approval

Unlike adult claims, all settlements for child injury claims must be approved by the court. This process, known as an ‘infant approval hearing’:

• Ensures the settlement is fair and in the child’s best interests
• Typically involves a brief court hearing
• May require the attendance of the litigation friend and sometimes the child
• Allows the judge to review the settlement details and ask any necessary questions

If the judge approves the settlement, they will issue an order detailing how the compensation should be managed until the child turns 18.

Throughout this process, your solicitor will guide you, ensuring all necessary steps are taken and deadlines met. They’ll also be on hand to answer any questions you may have about the progress of your child’s claim.

Remember, while this process can seem lengthy and complex, it’s designed to protect your child’s interests and ensure they receive fair compensation for their injuries.

Court Approval of Settlements

Unlike adult claims, all settlements for child injury claims must be approved by the court. This process, known as an ‘infant approval hearing’, ensures that the settlement is fair and in the child’s best interests.

During the hearing:

• The judge reviews the settlement details
• The litigation friend may need to attend
• The child may be required to be present, depending on their age

Managing Compensation Awards

When compensation is awarded to a child:

• It’s typically held in a court-approved account until the child turns 18
• The court may allow early release of funds for specific purposes (e.g., education, medical treatment)
• In some cases, a trust may be set up to manage larger awards

Special Considerations for Child Claims

Future Losses

When claiming for a child, you should consider potential future losses, such as:

• Impact on education and future earning capacity
• Ongoing medical treatment or care needs
• Future surgeries or therapies

Psychological Impact

The psychological effects of an injury on a child should not be overlooked. Consider:

• The need for counselling or therapy
• Impact on social development
• Effects on self-esteem and confidence

No Win No Fee Agreements

Our solicitors offer No Win No Fee agreements for child injury claims, meaning:

• No upfront costs
• You only pay if the claim is successful
• Fees are typically a percentage of the compensation awarded

Claiming compensation for a child injury involves unique processes and considerations. While it can seem daunting, with the right legal support, you can ensure your child receives fair compensation for their injuries. Remember, the goal is to secure the child’s future and provide for any ongoing needs resulting from the injury. If you have queries about pursuing a potential compensation claim on behalf of your child, contact us or leave a question below.

Frequently Asked Questions