How Do I Claim Compensation For A Child Car Accident? – View Online How To Guide For Child Car Accident Claims

By Olivia Flaherty. Last updated 19th March 2021. Welcome to our guide on making claims on behalf of children injured in car accidents. If you’re asking ‘how do I claim compensation for a child car accident?’ then you’ve come to the right place.

Were you injured in a car accident when you were a child and no one made a claim on your behalf? Or, has your own child or a child in your care been injured in a car accident and you’d like to make a claim on their behalf? Within this guide, we offer support and guidance to anyone looking to make a child car accident claim.

We’ll explain what the personal injury claims time limit for child car accident claims is and offer guidance on proving liability in such accidents. We will also explain more about child car accident compensation and the amounts your child could receive within their compensation settlement. As well as all this, we will let you know about the service we provide, and how we could help you begin a claim with a personal injury solicitor.

If at any point while you are reading this guide, you have questions, do not hesitate to pick up the phone and call us on 0161 696 9685. We will be delighted to advise you on any aspect of claiming compensation for a child.

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A Guide To Claims For A Child Car Accident

Were you injured in a child car accident when you were younger and you’d like to go ahead and make a claim for compensation now you have turned 18, or would you like to look into making a claim on behalf of a child you are responsible for who has suffered injuries in a child car accident? If so, we would be happy to help and advise you.

'how do I claim compensation for a child car accident?'

‘how do I claim compensation for a child car accident?’

Here at Legal Helpline, we have a wealth of experience in helping claimants with all manner of personal injury claims and we could certainly help you make a claim on behalf of a child as a litigation friend, or help you to make a child car accident claim for your own injuries if no one had made a claim on your behalf when you were a child and you have now turned 18.

A child car accident could happen in one of many different ways. You could make a child whiplash claim if you or a child you’re responsible for have been in a car that has suffered a rear-end shunt due to another driver’s fault, or you could make a claim for a child that has been knocked off their pedal bike because another driver was speeding and not paying attention to the road. You could even make a child car accident claim for a child that has been knocked over at a pedestrian crossing if it was someone else’s fault.

This guide has been designed with those asking ‘how do I claim compensation for a child car accident?’ in mind. Within the below sections, we will aim to cover all the information you could need if you are looking to claim child car accident injuries. We’ll describe what happens to compensation awarded to a minor, as well as providing information on potential child personal injury settlements in the UK. We’ll also tell you about how we could help you with free advice and support, and how we could provide you with a no win no fee solicitor to help with your claim.

What Are Child Car Accidents?

The term ‘child car accidents’ refers to road traffic accidents involving cars injuring children. Whether a child is a passenger in a car crash or even a pedestrian hit by a car, if someone else is to blame for their injuries, they could be held liable for them. What’s more, compensation could be claimed for the suffering they experienced. Either, a parent or guardian can claim on behalf of the child or the child can wait until they turn 18 to make a claim themselves. Once they turn 18, however, they’ll only have 3 years to make their claim if they wish to pursue a payout.

Because a child is still developing, injuries caused in car accidents could prove quite serious and could hinder their physical development. They may even require ongoing medical care throughout their lifetime. A compensation claim made for a child car accident could include costs for medical treatment, as well as an award to compensate for the actual injuries the child suffered.

While it may not be possible to erase the memory of what has happened and the pain that has been caused, the compensation award may help you and your child move forward after such an accident. If you’re asking yourself ‘how do I claim compensation for a child car accident?’, this guide will attempt to explain what you need to do.

Why Are Claims Involving Children Different?

While an adult injured in a car accident could be expected to make their own decisions on actions to take afterwards, so long as they had the mental capacity to do so, a child would not be expected to have the capacity until such time as they turn 18 years old. This means that once a child turns 18, they may be able to make a claim for themselves, but only if an adult had not made one on their behalf before then.

You may, if your child is injured in a car accident, decide to claim on their behalf because you could believe it would be easier for the evidence to be found and collated right away, or you may leave the decision up to your child once they turn 18. If you do decide to make a claim on behalf of a child, then you could be required to become a litigation friend for them.

If you’re still wondering ‘how do I claim compensation for a child car accident?’, the next section will address the role of a ‘litigation friend’ (a parent or guardian claiming on a child’s behalf).

What Is The Role Of A Litigation Friend?

If a child in your care suffered through no fault of their own, you may be wondering ‘how do I claim compensation for a child car accident?’ on their behalf. The role of a litigation friend in a child car accident claim is to make decisions about some kinds of cases. You can do this on behalf of a child, as they are not deemed to have the capacity to make their own decision, or an adult that was not deemed to have the mental capacity to make decisions for themselves.

  • Various people could be appointed as a litigation friend, including:
  • A person with the lasting or enduring power of attorney
  • A professional advocate
  • A solicitor
  • A guardian or parent
  • A friend or family member

It would have to be ascertained that you were able to make competent and fair decisions on behalf of the person involved and that there were no conflicts of interest. You would need to fill in a suitability certificate as part of your application, and if a child turned 18 or regained mental capacity during the course of their case, then you might be asked to fill in an application to stop acting as their litigation friend.

What Happens To Compensation Claimed On A Child’s Behalf?

If you’re wondering ‘how do I claim compensation for a child car accident?’, you may also be interested as to what would happen in the case that the claim is successful.

Typically, compensation is held in trust for the child until they reach their 18th birthday. However, it may be possible for some of the compensation to be released for medical costs if required.

Our helpful advisors would be able to discuss this with you and can offer free, impartial legal advice to give you peace of mind. Please get in touch today to learn more.

Causes Of Car Accidents Involving Children

There could be a variety of ways in which a child car accident could occur. Causes could include:

  • A child not paying attention and dashing across a road
  • A driver not paying attention and failing to see a child at a crossing
  • A child on a pedal bike riding on the road unsafely
  • A driver hitting a child on a pedal bike due to the driver’s lack of attention
  • A child being injured as a passenger in a car accident
  • A child being injured by being hit by a vehicle that mounted the pavement
  • And more…

However a child has been injured in a child car accident, it may be possible for a claim to be made if another road user was at fault for the child’s injuries. To help establish who was at fault in child car accident cases, it may be useful to consult a personal injury lawyer.

Here at Legal Helpline, our specialist advisors are always on hand to answer any questions. What’s more, we have a panel of personal injury lawyers ready to handle your claim for you if you should wish. Whether the question of ‘how do I claim compensation for a child car accident?’ is playing on your mind or you’d be interested in learning more about our legal services, please get in touch today.

Statistics Highlighting Child Car Accidents

According to a government report, there were 39 child fatalities in 2019 alone. Though this shows a drop from 2018, which saw 48 child fatalities, this is merely a 5% decrease. There were still 13,574 casualties of all severities in 2019, including:

  • Pedestrians (18)
  • Pedal cyclists (10)
  • Car passengers (8)

Whatever your situation, if you’re wondering ‘how do I claim compensation for a child car accident?’, please speak to one of our advisors today for a free consultation. In the meantime, see the next section for some tips on what to do if your child is injured in a road traffic accident.

What Should I Do If My Child Has Been Injured In A Road Traffic Accident?

If you’re wondering ‘how do I claim compensation for a child car accident?’ after your child or a child in your care was injured, the simple answer would be to follow the steps below.

  • Step 1 – Get your child medical attention. Even if your child seems well in themselves, it would be advisable to get them checked out as soon as possible after the accident. If a baby was injured in a car accident, or a child was injured, they could initially seem in good physical condition but deteriorate rapidly later on.
  • Step 2 – Try and get evidence from the scene, such as photographs, or witness details. If you are unable to do this at the time, it might be worth asking someone that is with you to help get details and pass them onto you.
  • Step 3 – Write notes about what happened. This could help you to remember details that might get lost over time.
  • Step 4 – Get legal assistance. By calling Legal Helpline, you could benefit from free legal advice with no obligation to use our services. We’ll be happy to give you guidance relating to the specifics of your child car accident claim and how you could act as a litigation friend on behalf of your child.

Time Limits To Claim Compensation On Behalf Of A Child

If you’re wondering ‘how do I claim compensation for a child car accident?’, whether on behalf of a child or for your own past experiences, you would need to do so before the personal injury claims time limit was up.

In cases where you are claiming as a litigation friend, such as a parent or guardian, the time limit would usually be 3 years from the accident date or the date you realised you suffered as a result.

In cases where you are claiming once you turn 18, you would have until your 21st birthday to make a claim.

However, there may be exceptions to these limits, so if you’re unsure as to what the limitation period would be for your claim, simply give us a call and we’ll do all that we can to help you.

Child Car Accident Personal Injury Claims Calculator

No matter what type of child car accident you or your child have been involved in, there could be a variety of injuries suffered. Child car accident injuries could range from cuts and bruises to life-changing injuries that may lead to them requiring care for the rest of their lives. You may have used a personal injury claims calculator before, but we have decided to show some guidelines on specific injuries in the table below. These amounts are collated from the Judicial College Guidelines for compensation payouts and could serve as a good alternative to a child compensation calculator when you are looking for an approximate guide to how much could be claimed for a child car accident.

Child’s InjuryPayoutNotes
Moderate Neck Injuries£23,460 - £36,120Injuries within this compensation bracket could include fractures/dislocations where there are immediate effects and where there may be a need for spinal fusion. Function could be impaired long-term.
Moderate Neck Injuries£12,900 - £23,460Potentially involving disc lesions caused by wrenching type injuries. Surgery may be required – and there may be a higher risk of vulnerability to future trauma.
Less serious Leg injuries£16,860 - £26,050Serious damage to the soft tissues or incomplete fractures
Simple forearm fractures£6,190 - £18,020
Less severe arm injuries£18,020 - £36,770While initially causing severe disabilities, the condition will have improved significantly with time.
Fracture to the clavicle£4,830 - £11,490Level of disability, displacement and the ability to work would be assessed.
Tibia fracturesUp to £11,110With symptoms ongoing (minor)
Body scarring£7,350 - £21,330Several noticeable scars or one large disfiguring scar on the legs, arms, chest, hands or back.

Please remember that these child car accident settlement amounts are only a rough estimate and are intended to be used as guidelines. In reality, claims can only be valued once a medical assessment has taken place with an independent expert.

We hope you find the above table useful but if you’re still wondering ‘how do I claim compensation for a child car accident?’, please don’t hesitate to call us and ask. We’d be glad to help.

Special Damages Which May Be Claimed For A Child

When claiming for a child, there could be other damages, besides those for the injuries and the pain suffered because of them. These could be classed as special damages, and could include:

  • Care costs – If your child had to have daily care and there were costs associated with this, then you may be able to claim for these. Likewise, if you have had to take time away from work to look after the child because of their injuries, you may be able to claim for losses of income sustained as a result.
  • Medical costs – If there were costs involved with medical treatment of a child after a car accident, these may also be claimed for as special damages.
  • Travel costs – From hospital parking charges to costs of travelling to appointments relating to a child injury claims, travel costs that arise directly because of a child car accident could also be claimed for.
  • Funeral costs – If your child has suffered a child car accident death, you may be able to claim for bereavement as well as funeral costs.

It could be prudent for us to mention here that if you keep all receipts, bills, and proof of expenses together, it could make it easier for these costs to be claimed for. If you’re still wondering ‘how do I claim compensation for a child car accident?’, the next few sections will explain how to find legal help.

No Win No Fee Child Accident Claims

In many cases, those asking ‘how do I claim compensation for a child car accident?’ will look to the expertise of a personal injury lawyer. When retaining legal services for a child car accident claim, you may be wondering whether you would have to pay the lawyer anything before they started working on your case. With no win no fee claims, you would not pay your lawyer until your children’s injury claims were settled, and the amount you would pay the lawyer would be a percentage of your overall settlement.

However, you don’t have to worry about losing a lot of your payout. This percentage is also known as a success fee, which is a legally-capped deduction from the child car accident settlement. All the details of the payment terms and conditions would be detailed within a document you’d be asked to sign at the beginning of your claim.

This document is often referred to as a Conditional Fee Agreement. Once your lawyer secures you a compensation payout, their percentage would be deducted from the settlement and the rest of the payout would be yours. If the lawyer does not secure compensation, yet your claim was valid, you wouldn’t be required to pay this success fee.

If you would like more information on how to make a personal injury claim with a no win no fee solicitor, simply call our advisors and we will explain everything you need to know.

How Legal Helpline Could Help You Claim On A Child’s Behalf

At Legal Helpline, we have a wealth of experience in helping people make personal injury claims. If you’re wondering ‘how do I claim compensation for a child car accident?’, please don’t hesitate to speak to us today.

When you get in touch with our advisors, we’ll be able to assess your child car accident claim, to see if we feel it could lead to a compensation settlement. We do not wish to waste your time, so if we don’t feel that you would be eligible to claim compensation, we will let you know. However, if we feel that you could be eligible to claim compensation, either for yourself, or as a litigation friend for a child, then we would offer to connect you with one of our personal injury lawyers who could help you claim child car accident compensation.

We are aware of how stressful the claims process could be, especially if your child is badly injured, and we pride ourselves on offering a service that could help to take some of the stress out of making such claims. You will find our advisors, friendly, professional and sympathetic to the situation you are in, and we will always do our utmost to help you. We will also not put you under pressure to go ahead and make a claim, or even take our advice. The guidance we offer is free of charge and puts you under no obligation to use our services.

Start Your Child Car Accident Claim

Are you now considering making a child car accident claim, either for yourself or as a litigation friend for a child you are responsible for? If you are, or if you have further questions about making such claims, there are several ways in which you could contact us for assistance. To speak to a member of our team directly, you could call us on 0161 696 9685. Alternatively, we have a live chat feature on the site. Or, you could fill in the contact form.

However you prefer to get in touch, we’re here anytime, any day, and are happy to help.

How do I claim compensation for a child car accident? FAQs

Here are some common questions related to the query; ‘how do I claim compensation for a child car accident?’.

Essential Links

Whiplash Injury Claims Guide – Here, we offer specific advice for those that have suffered a whiplash injury.

Taxi Injuries – This guide might be of use if your child was injured in a taxi accident.

Cyclist Accidents– Here, we offer guidance on making claims if injuries occurred to a cyclist.

Child Accident Resources

Acting As A Litigation Friend – The government’s website has lots of useful information on acting as a litigation friend.

UK Road Accident Statistics– RTA statistics could be found by visiting this page.

The Road Traffic Act – The 1988 Road Traffic Act can be found here. It may contain some information that you would find useful.

Thanks for reading our guide. We hope that the question of ‘how do I claim compensation for a child car accident?’ has been addressed appropriately. If not, please get in touch with us to discuss your situation.