Advice On Making Child Personal Injury Claims
If your child has been injured in an accident, our specialist solicitors can help with child personal injury claims.
£85 million in compensation
Advice On Making Child Personal Injury Claims
If your child has been injured in an accident, our specialist solicitors can help with child personal injury claims.
Could I Make A Personal Injury Claim On Behalf Of My Child?
Has your child been involved in an accident that wasn’t their fault? Were they injured as a result? We appreciate that accidents are an inevitable part of a child’s life; however, their safety should also be protected in certain situations. Therefore, please read our useful guide on child personal injury claims and learn how you could claim compensation on your child’s behalf.
In this guide, we will provide you with all the information you will need to know about making a claim on behalf of your child. Firstly, we will explore the eligibility requirements your child’s case will need to fulfil, as well as discussing the potential compensation pay-outs you could receive. Moreover, we look at how your child could receive their compensation following a settlement.
Furthermore, we look at the different types of accidents that can be claimed for, such as road traffic accidents and accidents in a public place. Additionally, we explore the different types of evidence you will need to provide to make a claim on your child’s behalf. Lastly, we explore how a No Win No Fee solicitor could help you and your child.
At JF Law, our advisors work around the clock to provide you with the best service they can. Our team is available 24 hours, 7 days a week to answer any questions you may have about making a claim on behalf of your child. As part of the free services that we offer, you could receive an eligibility assessment to find out the merits of your claim. If your claim is strong, you could be connected with one of our experienced No Win No Fee solicitors to try and achieve a sense of justice for you and your child. To start your claim:
- Call us on 0151 375 9916
- Contact us by filling out our online form
Who Can Make Child Personal Injury Claims?
You could make a child personal injury claim on behalf of your child, provided that their case meets the eligibility requirements. Therefore, the following criteria must be satisfied:
- Your child was owed a duty of care
- This duty of care was breached by a third party
- Your child suffered injuries as a result of the breach
Commonly, the personal injury limitation period is 3 years from the date of the accident as per the Limitation Act 1980. However, an exception under this legislation states that:
- If the claimant is a child, they cannot claim independently. If they wish to claim themselves, they will be required to wait until their 18th birthday. From this date, they will have until their 21st birthday to bring their claim.
However, you could instead make a claim on your child’s behalf by assuming the role of a litigation friend. In doing this, the claim can be made without your child waiting until their 18th birthday to achieve justice. Litigation friends can be parents, guardians and solicitors, who work to ensure the child’s best interests throughout the claims process.
Notably, there are many everyday situations where a duty of care is owed to your child. If this duty of care is breached and your child suffers as a result, you could be eligible to claim on their behalf. To illustrate, a duty of care is owed:
- On the roads
- In the workplace
- In public places
- Across public and private healthcare
Please keep reading our helpful guide to learn more about the duties of care in the above scenarios. To find out more about eligibility for child personal injury claims, feel free to contact one of our friendly advisors today.
How Much Compensation Could I Get On Behalf Of My Child?
If your child’s personal injury claim is successful, they will receive general damages as part of their compensation settlement. Ultimately, general damages aim to compensate claimants for any pain and suffering they experienced as a result of their injuries.
Notably, whilst general damages for child personal injury claims are calculated similarly to adult claims, factors such as age and the severity of harm are taken into account. For instance, younger claimants may receive a higher value to certain types of injuries due to the impact throughout their life.
The Judicial College Guidelines (JCG) are commonly referred to by lawyers when assigning values to certain types of injuries and levels of harm. In essence, they act as suggestive compensation guidelines for a variety of injuries and their severities.
All entries in the table below, aside from the first entry, have been taken from the JCG for common child injuries sustained in accidents. Please be advised that they are merely guidelines, and they do not provide a guarantee of how much your child will receive.
| Type of Injury or Harm | Notes | Compensation Guidelines |
|---|---|---|
| Multiple serious injuries plus special damages | Compensation for more than one serious injury with special damages such as prescription costs. | Up to £1,000,000+ |
| Tetraplegia (also known as quadriplegia) | Cases where the senses have been extremely affected will be applicable to the higher end of this bracket | £396,140 to £493,000 |
| Very Severe Brain Damage | Such as cases of quadriplegic cerebral palsy with severe physical and cognitive disabilities. | £344,150 to £493,000 |
| Moderate Brain Damage (i) | Cases that involve a moderate-severe personality change and intellectual deficit. | £183,190 to £267,340 |
| Severe Back Injuries (i) | Damage to the nerve roots and spinal cord leading to serious consequence. | £111,150 to £196,450 |
| Severe Neck Injuries (i) | Includes injuries such as cases of incomplete paraplegia. | In the region of £181,020 |
| Moderate Neck Injuries (i) | Such cases include dislocations that may lead to spinal fusion | £30,500 to £46,970 |
| Moderate Foot Injuries | Injuries may include a displaced metatarsal fracture leading to a permanent deformity. | £16,770 to £30,500 |
| Severe Toe Injuries | It may include bursting wounds and injuries resulting in amputation. | £16,770 to £25,710 |
| Wrist Injuries c) | Less severe injuries with some permanent disability such as stiffness and pain. | £15,370 to £29,900 |
To find out how much your child could claim for their unique situation, please contact our helpful team today.
How Will My Child’s Compensation Be Determined?
If you make a successful personal injury claim on behalf of your child, you could also be eligible to receive special damages as part of the compensation settlement. This compensates you for any of the financial losses you may have experienced due to your child’s injuries, such as:
- Prescription costs
- Loss of earnings. For example, you may have needed to take time off work while your child recovered.
- Childcare costs
- Travel expenses
- Medical expenses
- Mobility aid costs, such as paying for a wheelchair
It’s important to note that special damages must be supported with evidence to include them in a claim. Please see the following examples of types of evidence you could present:
- Receipts
- Payslips
- Invoices
- Bank statements
To learn more about what special damages you could claim as part of a child injury claim, please contact one of our friendly advisors today.
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How Will My Child Receive Their Compensation?
If your child’s personal injury claim is successful, their compensation payout will be held in a Court Funds Office account. Ultimately, any compensation awarded to your child will be released upon them turning 18 if you claimed on their behalf as a litigation friend. However, if your child lacks the mental capacity to handle their own finances, the Court of Protection can appoint a family member to ensure that the money is correctly handled.
Moreover, as your child’s litigation friend, you could apply to the court to access the compensation before they reach the age of 18. Please note that there must be a clear reason for doing this, such as to fund immediate physiotherapy or medical treatment. Should the courts release this funding, your solicitor could establish a personal injury trust to manage the settlement.
To find out more about child personal injury claims and compensation payouts, please contact our team today.
What Accidents Can Be Claimed For On Behalf Of A Child?
Notably, there are many scenarios where injuries or harm could occur to your child as a result of a third party. Please see the following examples and how child personal injury claims could arise as a result.
Road Traffic Accidents
All road users owe a duty of care to others to navigate the roads safely and to avoid causing harm. They must also adhere to the Road Traffic Act 1988 and the Highway Code as part of their duty of care.
Therefore, you could make a road traffic accident claim on behalf of your child if they suffered injuries as a result of another driver’s breach. For instance, your child could’ve been knocked off their bike after a driver failed to stop at a red light. As a result, your child could suffer broken leg injuries and could require long-term physiotherapy sessions.
Accidents At Work
All employers must adhere to the duty of care as set out in the Health and Safety at Work etc. Act 1974 (HASAWA). Under this, employers must take reasonable steps to ensure their safety. Examples of employers adhering to this duty may include conducting regular training sessions and providing employees with personal protective equipment.
Therefore, if your child is injured in an avoidable workplace accident (as those aged 16 and 17 are legally allowed to work), you could make an accident at work claim on their behalf. For example, your child could suffer a slip, trip or fall accident due to loose wiring on a stock room floor that had not been secured down or tidied away. As a result, your child could suffer with broken rib and knee injuries.
Accidents In A Public Place
Occupiers (those who control public spaces) have a duty of care to ensure the reasonable safety of anyone using their facilities. This is set out by the Occupiers’ Liability Act 1957. As children pose greater risks for accidents to occur, occupiers have a responsibility to reduce the chances of incidents occurring. Examples of occupiers adhering to their duties may include installing safety barriers at parks and locking animal gates at public farms.
Therefore, you could make a public liability claim on behalf of your child if they were injured due to unsafe facilities. To illustrate, your child may have slipped on a wet floor due to a spillage at a local cafe that wasn’t labelled with a wet floor sign. As a result, your child could have suffered head injuries due to the breach in duty of care.
Medical Negligence
Fundamentally, all healthcare professionals owe a duty of care to all patients to provide the minimum expected standard of care. For instance, healthcare professionals should provide correct prescriptions and listen to patients’ symptoms as part of their duty of care. However, if a healthcare professional fails to meet the minimum expected standard of care, a patient could suffer avoidable harm as a result.
Therefore, if your child has experienced harm at the hands of a healthcare professional, you could make a medical negligence claim on their behalf. For example, your child could receive negligent care during an operation, and a surgeon could accidentally perform an operation on the wrong site. As a result, your child could suffer from unnecessary pain and psychological harm, such as PTSD. Consequently, you could make a surgery negligence claim on their behalf to achieve a sense of justice.
Do you want to receive a free case check to see if you can claim on behalf of your child? Please contact one of our helpful advisors today.
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How Can I Start A Claim On Behalf Of My Child?
To have a strong claim, evidence must be provided to show that your child suffered an injury or experienced harm as a result of negligence. In successful child personal injury claims, the evidence provided usually includes:
- Contact details of anyone who witnessed your child’s accident.
- Your child’s medical records that details their injuries and treatments.
- Photographs or videos of your child’s accident.
- A report from an independent medical expert that comments on the extent of your child’s injuries
If you’re connected with one of our experienced solicitors, we could help collate evidence on your child’s behalf. To find out more about what types of evidence our solicitors could help you collect, please contact our advisors.
Can Child Personal Injury Claims Be Made On A No Win No Fee Basis?
You could make a personal injury claim on your child’s behalf with one of our No Win No Fee solicitors, provided the case is eligible for compensation. By operating under a Conditional Fee Agreement (CFA), you could experience the following benefits:
- There are zero upfront or ongoing fees for your solicitor’s work
- If the claim is unsuccessful, you won’t be required to pay any solicitor service fees
- If the claim is successful, a small success fee will be deducted from the compensation. The percentage amount is capped by law, so your child will always be awarded the bulk of the compensation.
At JF Law, we aim to provide you with a smooth, stress-free claims process so you can focus on the health and well-being of your child. For instance, you could enjoy:
- Regular case updates
- Explanations of legal terminology
- Negotiations with the third-party in an attempt to achieve a settlement
- Help with evidence-gathering, such as medical reports and witness statements
- Support with rehabilitation for your child’s injuries
To further discuss the benefits of making a No Win No Fee claim, please contact one of our friendly advisors today.
Contact Our Solicitors
For more information about making child personal injury claims, please contact our team today. Get in touch:
- Call us on 0151 375 9916
- Contact us by filling out our online form
Child Injury Claim FAQs
If you want to learn more about child personal injury claims, please see some common questions and answers below. Please contact our team of advisors for any further help or advice on how to make a claim on your child’s behalf.
Will My Child Need To Attend A Medical?
Yes, it’s likely that your child will need to attend a medical appointment if you wish to make a personal injury claim on their behalf. An independent medical assessment could be essential evidence to prove that your child suffered an injury or harm. Therefore, an independent medical opinion could help strengthen your case further.
What If My Child’s Claim Needs To Go To Court?
It’s very unlikely that your child’s personal injury claim will go to court, as most cases reach a settlement prior to this. If you’re connected with one of our solicitors, they will try to achieve the best possible outcome for you and your child.
However, in the unlikely event that the claim goes to court, this will usually be an infant approval hearing. Here, a judge will review the ongoing claim and will work to ensure that your child is fairly compensated for the injuries or harm they suffered. This ultimately ensures that your child is protected without the need for a standard court case.
Does My Child Have To Pay Tax On Their Compensation?
In essence, the government does not tax any child’s personal injury claims payouts. Nevertheless, in certain situations, the government may tax any accrued interest.
To learn more about how compensation is calculated, please contact one of our friendly advisors today
Learn More
For more information about personal injury claims, please see some of our other guides on:
- Learn about sporting injury claims
- Get help with making an electric scooter accident claim
- See the following advice on how to claim for food poisoning compensation
Additional external resources:
- Learn what to do if your child has an accident from the NHS
- See the following advice on illness and your child’s education from Gov.Uk
- Get help with learning about the good medical practice expected of doctors from the General Medical Council (GMC)
Thank you for reading our helpful guide about child personal injury claims.
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