By Lewis Cobain. Last updated 13th July 2023. Welcome to our child accident claims guide. 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, it is 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 in 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.
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- Child accident claims guide
- Who can claim compensation for an accident to a child?
- Under what circumstances can claims for child accidents be made?
- What happens to compensation claimed on behalf of a child?
- My child has been injured, what can I claim compensation for?
- Child accident and injury compensation calculator
- Child Accident Claims With A No Win No Fee Solicitor
- Helpful guides, services and links
Child accident claims differ slightly from 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 childhood 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 childhood 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.
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 the legal responsibility for 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.
In just the same way as an adult can make a claim for a personal injury if it was someone else’s fault, child accident claims could be made. The only difference is 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:
- A 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 childbirth – Children sustaining an injury during childbirth 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 than 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 awards can be withdrawn if it is for beneficial use for the child but the parents or guardians need to seek approval from the courts in order to do this.
There are a number of items to take into consideration when making 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 child accident claims could generate, 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 gauge 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.
If you are seeking child accident compensation on behalf of your child’s injuries, a No Win No Fee solicitor from our panel may be able to help you with your claim. Furthermore, they may offer to represent you under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement. When working with a solicitor under this type of arrangement, you will not need to pay them anything upfront for them to begin working on your claim. You also won’t have to pay them for their services during the process of your claim. Should your claim be unsuccessful, you will not need to pay them for the work they have provided.
However, should your child injury claim succeed, you will pay your solicitor a small legally capped percentage of your compensation, known as a success fee.
To see if you could be eligible to work with one of the solicitors on our panel for your child injury compensation claim, you can contact our advisory team.
To be connected with an advisor today, you can:
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.
Children’s mental health can also be affected by incidents on the road. Find out more about this type of injury in this guide.
Our guide on reporting sexual abuse that occurred years in the past, including in cases of children.
An example case study.
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.
A guide of ours on injuries to this specific part of the body.
How To Claim If A Pharmacy Gives You The Wrong Prescription
An error such as this could affect children or adults. Find out if your child could be owed compensation.
Claiming For Being Stuck In A Lift At Work
Anyone under the age of 18 can still claim for workplace injuries, including ones sustained in a broken lift.
Children can still be compensated if an assault has caused them injuries.
Thank you for reading our child accident claims guide.