Are you thinking of claiming compensation for a child accident? If your child, or a child in your care, has been injured due to someone else’s negligence, then you may be eligible to do so. Read through this comprehensive guide for more information on making child accident claims.
Children sustain injuries from accidents all the time, its seen as being part of growing up and learning to be self-aware, kind of like a ‘right of passage’. In most cases the accidents are nobody else’s fault and just something that’s happened, but sometimes they can be due to someone else’s negligence. If a child is injured due to the negligence of someone else then they will be eligible to make a personal injury claim. This is something we can help with. Legal Helpline has a panel of specialist solicitors that have years of experience of successfully dealing with children’s injury claims. If your child has been injured due to someone else’s incompetence or carelessness and you’d like help and advice on what to do next, contact us on 0161 696 9685 and we will do our best to help you.
Jump to a Section
- Child accident claims guide
- What are child accidents?
- Who can claim compensation for an accident to a child?
- What is a litigation friend?
- Under what circumstances can claims for child accidents be made?
- What happens to compensation claimed on behalf of a child?
- How to make a serious injury claim on behalf of a child
- What should you do if you need to make a compensation claim for a child accident?
- Claim compensation for a car accident involving a child
- Child head injury compensation
- My child has been injured, what can I claim compensation for?
- Child accident and injury compensation calculator
- Child accident no win no fee claims
- Why you should use Legal Helpline for your child accident claim
- Call to start your claim today
- Helpful guides, services and links
Government statistics suggest that a large proportion of accidents that happen to children that were not their fault, often go unreported. Although probably one of the most common types of accidents to involve a minor is thought to be road traffic accidents, statistics show that many personal injury accidents occur to children whilst they are in school.
Data collected by the HSE show that up to 35,000 accident involving children occur during school hours and whilst they are on the school premises. Many of these accidents are due to a slip, trip or fall. When making personal injury claims, people often presume that it must be for an adult and forget that children can also claim for personal injury.
Most people tend to believe that when children have an accident at school, in the home, or in a public place, that it was probably the child’s own fault as children are naturally more accident prone than compared to adults, however, this isn’t always the case and sometimes a child may become injured due to someone else’s fault. In these instances, a child can also claim compensation for a child accident, or claim for a childhood injury that occurred in the past providing they are under 21 years of age. Child accident claims differ slightly to adult accident claims in that where an adult has a maximum period of three years since their injury was first noticed to make a claim, children have up to three years after they turn 18, in other words by their 21st birthday, to file a claim for a childhood injury.
A child accident causing injury may include child head injuries, or a car accident involving a child, whatever the cause of injury, if a child has been injured due to an accident that wasn’t their fault, then they have a right to claim compensation for a child accident.
At Legal Helpline, we offer free help and advice to those who suspect they could be eligible to make a personal injury claim for a child. We have also put together this guide to give lots of useful information regarding claiming compensation for a child accident. Please have a read through the guide and feel free to contact Legal Helpline for further help and advice on how you can make child accident claims and how we can help you increase your chances of success.
Children can be involved in numerous different types of accidents that may result in them becoming injured and a fair proportion of these will be due to someone else’s negligence. Many of the accidents are similar to those an adult may be involved. Some examples of a child accident are:
- Outdoor playground accident – This may occur whilst in school or in a public playground that is in care of the local council.
- Indoor playground accident – Indoor soft play areas are very common in the UK and are legally bound to have relevant and adequate health and safety policies in place.
- Road traffic accidents.
- Bicycle accidents.
- Railway accident.
- Criminal assault.
- Aviation or Sailing accident such as a plane crash or sinking boat.
- Coming into contact with harmful substances or chemicals.
Regardless of how the accident occurred, if a child has been injured and it was somebody else’s fault, then they can make a personal injury claim just the same as an adult could.
To be able to claim compensation for a child accident, the person filing the claim must be over 18 years of age and needs ideally to be either a parent or someone who has legal responsibility of the child. The person responsible for filing the claim, is then known as the child’s litigation friend. The law in the UK specifies that a minor, someone under the age of 18, cannot make a personal injury claim themselves as they may not be able to understand the legalities of making a claim and therefore must have someone over the age of 18 to represent them and act on their behalf during the claiming process.
However, if a child suffers an injury due to no fault of their own, but a claim isn’t made on their behalf, then they have three years from their 18th birthday to file a claim for a childhood accident.
A litigation friend is the term given to the parent or guardian acting on behalf of the child during the personal injury claim process. However, if the parent or guardian was to blame for the accident causing the injury to the child, then they may not legally be allowed to be the litigation friend. A litigation friend must be completely independent of the accident and have had no involvement in it.
In just the same way as an adult can make a claim for a personal injury if it was someone eles’s fault, a child can also make their own claim except they need a parent or guardian over the age of 18 to do this on their behalf.
Examples of how a child may be injured due to somebody else’s negligence which may lead them to make a claim is listed below:
- Car accident involving a child – If a child has been involved in a road traffic accident, regardless of whether they were a passenger in a vehicle, cycling along the path or on the road, or a pedestrian, if the accident was not their fault, then they can make a claim for compensation.
- Child head injury compensation claim – If an accident or incident occurs resulting in a child sustaining a head injury due to no fault of their own, they may well be eligible to make a compensation claim.
- Whiplash injury – Usually an injury that is the result of a road traffic accident. If a child sustains a whiplash injury, they may be able to claim compensation.
- Injury sustained whilst at nursery or school – Injuries that occur whilst in nursery’s or schools are often due to negligence. Health and safety policies should be in place at all times within nursery’s and schools to keep children in their care safe from harm, failure to do so could make them liable for a child getting injured.
- Soft play centre injuries – Health and safety policies and procedures need to be firmly in place to ensure a safe play environment for anyone visiting the premises. Failure to adhere to these could result in a child becoming injured and filing a compensation claim. Claims may be made for slip, trip or fall accidents, accidents due to poorly maintained equipment, hygiene issues or food poisoning along with many other accident possibilities.
- Medical negligence involving a child – If a child is injured or made ill, or an existing injury or illness made worse due to medical negligence, then there will be grounds for a claim to be made.
- Injuries during child birth – Children sustaining an injury during child birth can be extremely traumatic and distressing for both mother and child and if due to negligence will give cause for compensation claims to be made.
- Accident in a public place causing child injury – Examples of this may be accidents that occur in council run parks and playgrounds, trip, slip or fall accidents on public paths, accidents that occur in shopping centres or on company owned premises.
Personal injury compensation settlements for children go through a slightly different process to an adult’s settlement. This is because in accordance with UK law, a child’s compensation claim has to go through what is called an Infant Approval Hearing. This is conducted by a judge in a local court and is to ensure that the child is being sufficiently compensated for damages and the injuries they sustained. All child compensation claims have to go through this process by law in the UK in order to be approved.
Once everything is settled and the compensation amount has been awarded, the funds will be put into a child trust fund ready for when the child turns 18 and can then access the money that was awarded to them. Sometimes some of the award can be withdrawn if it is for a beneficial use for the child but the parents or guardians need to seek approval from the courts in order to do this.
It is traumatic enough to make an injury claim as an adult, but to make a claim for a child’s injury can be a lot worse, especially when the injury was due to the negligence of someone else.
Accidents resulting in severe injuries can be absolutely devastating and certainly life changing, not just for the child but also for their family. Lives can be turned upside down in the blink of an eye, recovery may take months or years of consistent medical appointments and on-going treatments, specialised equipment may be required and even house alterations, and all the while, a full recovery may not be guaranteed. The whole situation can be terribly distressing, even more so if the future of the injured child may permanently be affected. In times like this, having to deal with trying to claim compensation can be added stress and hard to cope with and this is where we can help. We understand compassionately what you may be going through and so can process your child’s compensation claim on your behalf, ensuring that your child has the best chance of success and receiving the compensation they deserve.
In some cases with very severe injuries, claiming compensation becomes a necessity in order to cover the costs of constant medical care and treatment, home and vehicle adaptions and future care costs to make sure the child has everything they need to have a good quality of life.
If you are worried about launching a claim for compensation for a child accident, just contact us at Legal Helpline and we can do the rest.
At the start of any compensation claim, you first need to be sure that you have a valid case for claiming compensation.
Legal Helpline offer a free consultancy session where you can discuss the details surrounding your case in confidence. Using our legal expertise and specialised experience, we will be able to inform you after this first meeting whether or not you have a legitimate case.
We advise that if you intend to start a personal injury compensation claim, to do it as early as possible so that the details about the accident are still fresh in memory and possible crucial details aren’t forgotten, this is the same when making child accident claims. It is important to gather as much information and crucially evidence as possible from the accident in order to support your version of events. Photos and CCTV images of the accident and the resulting injuries are a great source of visual confirmation of the circumstances in which the accident occurred and the pain and suffering the child has experienced and so cannot be disputed against.
By choosing to use a personal injury solicitor that specialises in child accident claims, you will be giving your child the best possible chance of the maximum payout amount that they are entitled to. Claims for compensation for a child accident can become very complex and be a long drawn out process and so by having a legal team that is experienced in child injury claims by your side, can really increase the chances of a successful outcome and of reaching its full potential.
Just in the same way as an adult can file a compensation claims case for being injured in a road traffic accident, a child can also make a claim if they are injured. A car accident involving a child could mean that the child was a passenger, a cyclist, or a pedestrian, but regardless of their involvement, if they are hurt due to no fault of their own, then they have the right to claim for compensation for their injuries. The type of injury and it’s severity will be the main deciding factor on how much compensation may be awarded.
If your child has been injured in a road traffic accident and it wasn’t their fault, call us at Legal Helpline and we can help you to get your child the compensation they deserve.
If your child has sustained a head injury due to an accident that wasn’t their fault, then they can make a claim for compensation. Contact Legal Helpline for further help and advice on how to get the best possible outcome for your child.
There are a number of items to take into consideration when making a compensation for a child accident claim on behalf of the child that can be included in the claim to make up the final award amount, such as:
- General Damages – General damages account for the actual physical aspect of the claim. The type of injury and it’s severity and effect on the claimant’s life will be taken into consideration including the pain and suffering they have endured and any resulting psychological problems also.
- Special Damages – Special damages account for the financial losses incurred as a result of the injury. These will include medical and travelling expenses, loss of earnings depending on the age of the claimant and also can include care claim expenses.
By hiring a reputable legal firm to take your claim through its course, you can be assured that everything that should be included in the claim will be in an attempt to ensure the maximum award amount possible is awarded.
It is very hard to accurately estimate how much compensation your child may receive especially in the early stages. This is because there are a large variety of possible injuries any child may sustain and the severity will also differ, even those with similar injuries will react differently with the level of pain and suffering they endure and the length of time it may take them to recover, no two cases are ever the same. Asides from the differences in the injuries they have sustained, other circumstances such as the financial losses or loss of income that may be experienced will vary from case to case as well which will also have an impact on the final settlement amount.
However, by using the latest judicial guidelines regarding personal injury, we can show the average amount that may be awarded for certain injuries. This can be used as a guide to potentially gage what your child might possibly be awarded in the region of. These are just average amounts and should not be taken as a guarantee that this is what your child may be awarded.
|Injury Sustained||Severity||Average Awarded Amount|
|Head injury brain damage||Very severe||£247,280 - £354,260|
|Head injury brain damage||Moderately severe||£192,090 - £247,280|
|Head injury brain damage||Less severe - moderate||£13,430 - £192,090|
|Head injury||Minor||£1,940 - £11,200|
|Neck Injury||Severe||£39,870 - £130,060|
|Neck Injury||Moderate||£6,920 - £33,750|
|Neck Injury||Minor||£2,150 - £6,920|
|Arm Injury||Severe||£84,310 - £114,810|
|Arm Injury||Moderate||£16,830 - £52,490|
|Arm Injury||Minor||£5,810 - £16,830|
|Leg injury||Very Severe||£84,400 - £119,210|
|Leg injury||Severe||£48,080 - £74,150|
|Leg injury||Moderate||£34,370 - £48,080|
|Leg injury||Minor - Moderate||£7,990 - £34,370|
|Eye Injuries||Moderate to Very Severe||£7,990 - £235,630|
|Eye Injuries||Minor||Up to £7,650|
|Ear Injuries||Moderate to Very Severe||£27,450 - £123,310|
|Ear Injuries||Minor - Moderate||£6,140 £39,940|
We haven’t listed every single possible injury so please feel free to contact Legal Helpline for more advice and guidance on your own individual case.
Like most other personal injury claims, Children’s injury claims can also be conducted under a no win no fee agreement, otherwise known as a Conditional Fee Agreement. No win no fee agreements allow anyone to make a compensation claim no matter what their current financial situation and so can be incredibly helpful for those who may have lost income due to their child’s injury.
If you contact Legal Helpline, we will offer you a free consultancy session where you can freely discuss the details of the case and we can also gather information from you to determine if you have a valid claim. Once satisfied you have a legitimate claim, we can then offer to take on your case for you on a no win no fee basis and then set to work on building you a strong case.
Our no win no fee policy means that when you agree for us to take on your case on your behalf, you will not be required to make any upfront costs or any other costs during the claiming process. In fact, as the name suggests, if we do not win your case for you, you will not be expected to pay us a single penny! If we do win, we take our legal fees as a small percentage of the final settlement amount once awarded. Legally we are only allowed to take a maximum of 25% which we would factor into the claims case to allow for this. Therefore, a minimum of 75% of the final settlement amount will be your child’s.
With no win no fee there is no risk at all to your finances and so therefore there is nothing to hold you back from claiming the compensation that your child deserves.
Legal Helpline have been specialising in the personal injury claims industry for a good number of years and have successfully dealt with many child accident claims over this time. You can be assured that if you choose to use us to negotiate your child’s claim, that you will receive a high level of customer service and your case will be treated accordingly to it’s own unique circumstances and with the upmost importance and level of attention it requires to claim the highest possible amount for your child.
We are a reliable and friendly team and our aim is to get you the best outcome for your child as quickly and as efficiently as possible whilst keeping you informed every step of the way. We work hard behind the scenes gathering as much evidence as we can to build you a strong case ready to go to court. We understand that you may be going through an absolutely horrendous time at the moment and will endeavour to treat your case with urgency so that you can concentrate on your child’s recovery.
Legal Helpline has a fantastic track record for successfully winning child accident claims and getting our client’s the compensation they deserve. Let us help you to win yours, you won’t regret it.
If you’d like us to have a look at your case for you, or would just like some advice and guidance, give us a call on 0161 696 9685 and a member of our team will do their best to help.
If your child has received an injury at nursery school this guide explains more on the process of claiming compensation for child injuries at nursery.
This shows the legal requirements of schools and nursery’s when it comes to reporting serious accidents that have occurred causing injury or near miss situations.
The Occupiers Liability Act 1957 outlines the legal responsibilities property occupiers have to ensure their property is a safe environment for all those who enter their premises. This may give some guidance as to whether a premises occupier has acted negligently in their duty of care resulting in your child becoming injured.