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Child Whiplash Claims Specialists
Learn how our solicitors could help you through the child whiplash claims process.
£85 million in compensation
Child Whiplash Claims Specialists
Learn how our solicitors could help you through the child whiplash claims process.
How To Make Child Whiplash Claims
If your child has unfortunately been involved in a road traffic accident where they sustained whiplash injuries, we can help you navigate the process of bringing a claim on their behalf. Provided that it can be shown that another driver’s negligent actions caused the accident and subsequently your child’s injuries, you could act on their behalf in the child whiplash claims process.
You might be wondering how a claim could help during such a difficult time. Oftentimes, children will recover from whiplash injuries within a few weeks; however, some cases are much more serious. In these situations, you might’ve taken time off work to provide care, causing a loss in earnings, leading to a rise in financial worries.
With specialist solicitors, you could focus on your child’s recovery whilst seeking compensation for their pain, suffering and any financial implications caused by the accident. With our team of specialist road traffic accident solicitors, you can begin the process knowing that it’ll be handled with expertise and professionalism throughout.
Get in touch with our advisory team for a commitment-free consultation using the details below.
Contact Us
- Call us on 0151 375 9916
- Contact us online
Can I Make A Whiplash Claim On Behalf Of My Child?
Yes, you can make a whiplash claim on behalf of your child, provided that the negligent actions of another road user caused their injuries. Essentially, to show this, we must prove:
- Your child was owed a duty of care
- The person who owed them a duty of care breached it
- Their breach led to your child sustaining whiplash injuries
Whilst on the roads, all road users owe a duty of care to use the roads in a way that best minimises their risk of causing others harm. They can do this by adhering to the guidelines set out in both the Road Traffic Act 1988 and the Highway Code.
In order to bring a claim for your child, you would be acting as their litigation friend. This is typically a trusted adult who handles the claims process on behalf of a claimant who is unable to do so independently. This role can be court-appointed, or alternatively, we could help you apply to act in this position.
You will have until your child’s 18th birthday to make a claim on their behalf.
Claiming For Whiplash Sustained As A Child
When claiming for whiplash that you sustained as a child, you will have 3 years from your 18th birthday to do so, provided one hasn’t been made on your behalf.
This 3-year limitation period for claiming is set out within the Limitation Act 1980.
For a free case consultation, please get in touch with our advisory team today.
How A Child Can Sustain Whiplash In A Road Traffic Accident
A child can sustain whiplash in a road traffic accident if sudden impact causes their head or neck to be violently thrown forward and backwards. Even in low-speed collisions, an accident can cause sprains or tears in the neck’s soft tissues.
Some examples of road traffic accidents which could result in your child sustaining whiplash include:
- Car accidents, including rear-end collisions, or even minor car accidents, for example, if a car was speeding
- Public transport accidents, including buses, for example, due to a bus driver not paying attention tot he roads and traffic
- Taxi accidents, this could be against the taxi driver or another vehicle, depending on who acted negligently
Essentially, your child could sustain whiplash injuries in any type of road traffic accident. Whether serious or minor, we could help you seek compensation for their injuries. Get in touch with us today to learn more.
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Examples Of Child Whiplash Claims Compensation Payouts
Examples of child whiplash claims payouts vary based on the duration of the injury and whether any psychological harm was also suffered.
If your child suffered a minor injury in a car accident, such as whiplash, it may be valued in line with the tariff amounts set out within the Whiplash Injury Regulations 2021.
Below, we have provided some examples of the whiplash tariff amounts.
| Injury | Duration | Compensation Tariff |
|---|---|---|
| One or more Whiplash Injuries + Psychological Injuries | Lasting longer than 18 months, but no longer than 24 months | £4,345 |
| Lasting longer than 15 months, but no longer than 18 months | £3,100 | |
| One of more whiplash injuries | Lasting longer than 18 months, but no longer than 24 months | £4,215 |
| Lasting longer than 15 months, but no longer than 18 months | £3,005 |
Contact our advisors today if you have any questions about how compensation is awarded in child whiplash claims.
What If My Child Has Suffered Multiple Injuries?
If your child has suffered multiple injuries, alongside whiplash injuries, these will be valued traditionally. Under the traditional route, physical and psychological injuries are typically valued by professionals considering frameworks such as the Judicial College Guidelines (JCG), which is a document that offers guideline brackets of compensation for specific injury types.
With this said, compensation in child whiplash claims can encompass two different heads of loss, called general and special damages. As above, general damages can be calculated with reference to the JCG, and considering the entire extent of pain, suffering and any impact on your child’s daily life.
Special damages, however, are compensation for the financial losses incurred as a result of the whiplash injuries. We discuss this in more detail in our section below.
We have provided a table below to highlight some examples of the brackets within the JCG. Please be aware that the top entry has not been taken from the JCG, and that these are guidelines only, and not a guarantee of compensation.
| Injury | Severity | Compensation |
|---|---|---|
| Multiple Severe Injuries + Special Damages | Various serious injuries paired with financial losses such as lost earnings, medical expenses and costs of care | Up to £250,000+ |
| Neck | Severe (i) – little to no movement in the neck, causing severe headaches despite wearing a collar 24/7 for years. | In the region of £181,020 |
| Severe (ii) – serious fractures or damage to discs in the cervical spine | £80,240 to £159,770 | |
| Severe (iii) – fractures or dislocations or severe damage to soft tissues | £55,500 to £68,330 | |
| Moderate (i) – fractures or dislocations which cause severe immediate symptoms | £30,500 to £46,970 | |
| Moderate (ii) – soft tissue injury causing permanent or recurring pain, or stiffness and discomfort | £16,770 to £30,500 | |
| Moderate (iii) – injury might have exacerbated a pre-existing condition | £9,630 to £16,770 | |
| Shoulder | Severe – often assocaited with injuries to the neck and involving brachial plexus damage | £23,430 to £58,610 |
If you are unsure whether you could claim for your child’s injuries following a road traffic accident, you can contact our advisors.
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on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
What Else Can Be Included In My Child’s Compensation?
As well as compensation for the physical harm caused by your child’s whiplash injuries, their compensation could also encompass any out-of-pocket expenses incurred as a result of their injuries.
Below, we provide some examples of what else can be included within your child’s compensation:
- Lost earnings – for any time taken off to provide care for your child.
- Medical expenses – if your child requires private physiotherapy or ongoing prescriptions, associated costs can be claimed back.
- Care costs – if your child needs professional specialist or gratuitous care, these expenses can be claimed back.
- Travel expenses – any reasonable travel expenses, such as taxi costs to and from appointments, could also be claimed back.
However, in order to claim the above special damages as part of your child’s compensation, you must hold proof of these financial losses. This could include things such as bank statements, payslips, invoices or receipts, which one of our solicitors could assist you with gathering.
To learn more about what can be included within your child’s compensation, get in touch with us today.
How Will A Child Be Paid Their Whiplash Compensation?
If the claim is successful, the Courts Funds Office will protect your child’s whiplash compensation until they turn 18. Once approved by the courts, the settlement, alongside any interest, would be paid to your child once they have turned 18.
However, if there is a requirement for immediate costs, including things like medical expenses (such as physical therapy or specialised equipment), the court can issue an order to release funds earlier. In order to receive these early compensation payments, you might be asked to provide evidence of these immediate costs.
If you’d like more information about how your child would receive their compensation, please get in touch with our advisory team today.
Will Evidence Be Needed To Pursue A Child Whiplash Claim?
To pursue a child whiplash claim, you will need to gather evidence which demonstrates how another road user’s negligent actions led to your child sustaining whiplash injuries. However, before you begin collating this supporting evidence, you might be wondering what to do first. Especially if you’re thinking about bringing a claim on behalf of your child.
Below, we have provided a straightforward list of steps you could take to help support the child whiplash claims process:
- Seek Medical Help: whether a minor or severe accident, the priority is to ensure your child’s health and safety. Visit A&E, an urgent clinic or the GP for a full assessment of your child’s condition. They could order X-rays or scans to determine the extent of harm caused by the accident.
- Gather Evidence: this can include the other driver’s contact details, insurance details and vehicle registration number, CCTV or dashcam footage and a copy of your child’s medical records.
- Report the Accident: you can report the road traffic accident to the police online, by visiting your local police station or calling the police. This creates an official record of the incident.
- Record the Impacts of the Injuries: keeping a diary outlining things like daily pain, the impact on your child’s day-to-day life, or symptoms can help to demonstrate the extent of damage they have suffered. Keeping a note of any time you’ve taken off work, any treatments or medical appointments your child has had, and copies of expenses can all act as evidence within the claim.
- Seek Legal Help: getting in touch with a specialist personal injury solicitor from JF Law can be invaluable. With years of experience, they can explore the validity of your claim, provide an estimate of how much your child could be awarded, whilst navigating the claim to ensure that any settlement offer accurately reflects the extent of harm your child has suffered.
- Ensure the Claim is Started within the Time Limits: as aforementioned, you will have until your child’s 18th birthday to begin a claim on their behalf. From this date, they will have 3 years to make their own claim if one was not started for them prior to this.
If you have any questions about the next steps, please get in touch with our advisors today. At JF Law, we offer a free consultation, giving you the chance to explore the options available without any obligation to continue.
No Win No Fee Child Whiplash Claims With JF Law
No Win No Fee child whiplash claims could be made with our expert solicitors here at JF Law. No Win No Fee refers to the costs of hiring legal representation, and our solicitors specifically work under a Conditional Fee Agreement. What this means for you as a claimant is that you’d have no payments upfront for them to begin working on your claim. Additionally, you’d have no ongoing payments for them to continue work on your case, and most vitally, you’d have nothing to pay in solicitors’ fees for their work if your claim were unsuccessful.
If your claim was successful, however, a percentage would be deducted from the compensation, which acts as our solicitor’s success fee. This is limited in line with the law, to make sure that clients receive the bulk of their compensation.
Contact Our Solicitors
Get in touch with our advisory team to get started with your child’s whiplash claim today:
- Call us on 0151 375 9916
- Contact us online
Learn More
Why not read more of our guides about:
- How to make a claim as a pedestrian
- Guidance on claiming for an accident with an uninsured driver.
- Road traffic accidents as a passenger
Helpful External Resources
- Information about collisions and incidents from the police
- NHS whiplash information and guidance.
- How to make a claim through the Motor Insurers Bureau if the other party is uninsured
Thank you for reading our guide on child whiplash claims.
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