Child injury claims

Who Can Make A Child Injury Claim?

Parents, legal guardians, professional advocates, and other eligible adults can make a child injury claim on behalf of a minor (someone under 18) who has been harmed by the negligent actions of a third party. To do so, they must become a litigation friend. This role is required in cases involving minors, as children lack the legal capacity to pursue compensation on their own. Litigation friends are expected to represent the child's best interests throughout the claims process, making decisions and working closely with solicitors. Whether you are seeking compensation as an adult for injuries sustained when you were under 18 or are acting as a litigation friend, certain eligibility requirements must be met for a claim to be valid:

• Your child was owed a duty of care: This is the legal obligation third parties have to protect the safety of others, and it varies depending on the setting. It applies to all road users, academy trusts overseeing schools, occupiers of public places, and employers (if your child is an apprentice or a part-time worker over 13).
• This duty was breached: a breach occurs when a third party, such as an academy trust responsible for a school or a local authority managing a playground, fails to meet its legal obligations. Breaches involving injuries to children can occur if a road user fails to give way at a pedestrian crossing, a school provides inadequate supervision to pupils on a field trip, or a youth centre neglects regular maintenance of its facilities.
• The breach directly caused an injury to your child: This means it must be proven that the breach resulted in an injury. For example, your child may have suffered multiple broken bones in a playground fall caused by a school's failure to replace or cordon off swings known to be in serious disrepair. Compensation can cover any physical or psychological harm that your child experienced because of a breach of duty.

Our advisors understand that accidents involving children are often deeply distressing for families. That is why they provide clarity during this difficult time with clear, transparent answers to any questions you might have about the personal injury claims process.

What Are The Most Common Causes Of Child Injury Claims?

The most common causes of child injury claims in the UK include road collisions, workplace incidents involving apprentices, and slips, trips, or falls in school or public places. We outlined these in more detail below:

• On the road: Whether as pedestrians, cyclists, or passengers, children are at high risk of injury from negligent road users. Incidents often involve speeding, distracted driving, and failure to watch for children using designated crossings in school zones. Injuries can range from whiplash to life-altering trauma, such as brain or spinal damage.
• At school and in educational settings: Students commonly sustain injuries due to inadequate supervision on playgrounds or during school trips, poorly maintained equipment, or failure to conduct risk assessments for PE lessons and science classes. Children often sustain fractures, scalds, burns, and head injuries in school accidents.
• In the workplace: Teenagers aged 16 to 17 who are working as apprentices may suffer an injury if their employer fails to protect their health and safety by not regularly maintaining equipment, supplying personal protective equipment, or providing sufficient, job-specific training.
• Public places: These can include parks, playgrounds, shopping centres, and funfairs. Those in charge of such public places must ensure children and other visitors are kept reasonably safe. A failure to conduct regular inspection and maintenance of play equipment or flooring often leads to serious injuries from slips, trips, or falls.
• Medical negligence: Birth injuries such as cerebral palsy caused by oxygen deprivation during delivery, misdiagnosis of childhood illnesses, like meningitis, and surgical errors, can all fall within this category.

If you would like to discuss the specific circumstances of your child's injury in complete confidence, please reach out today. At this difficult time, our advisors are here to help and provide peace of mind about the legal process.

How Long Do I Have To Make A Child Injury Claim?

If you are acting on behalf of someone who is too young to take legal action independently, you will have until their 18th birthday to start a child injury claim for them. While claims can be brought at any point before a child's 18th birthday, it is not mandatory to do so. If no claim is brought during this period, the standard 3-year time limit set by the Limitation Act 1980 will then take effect. This limitation period means that a child who turns 18 will have 3 years to begin seeking compensation, giving them until their 21st birthday to issue a claim.

Despite this, it is generally advisable to begin the child injury claims process promptly. Acting early rather than waiting until the child reaches adulthood offers several important benefits, particularly in relation to:

• Evidence: Over time, memories tend to fade, witnesses may move or change address, and evidence such as medical records or CCTV footage can be destroyed or lost.
• Compensation: Our panel often uses medical evidence and independent medical assessments to help them value claims. Completing these assessments as soon as possible will give the solicitor a clearer picture of the child's prognosis and long-term care needs, allowing them to value compensation more accurately.
• Long-term care: From a practical perspective, prompt legal action also ensures that any compensation award can be used to help fund your child's care, rehabilitation, and educational needs during their developmental years.

Our panel of solicitors ensures that all procedural requirements are met, protecting your child's interests from the very outset. You can learn more about this service and the other ways our panel provides family-oriented support when pursuing compensation for a child injury by speaking with an advisor today.

How Long Does A Child Injury Claim Take To Settle?

How long a child injury claim takes to settle depends largely on case-specific factors, including whether liability is disputed and how quickly available evidence can be gathered. Even in straightforward cases where liability is admitted early on, several procedural steps have to be followed before a settlement can be reached. For instance, child injury settlements in England and Wales are not legally binding until a judge reviews them at an infant approval hearing. At this hearing, the judge will review the evidence, confirm that the settlement is in the child's best interests, and give directions for how the compensation should be managed.

Child injury claims can also take longer to settle because the long-term effects of an injury may not be immediately apparent. Children are still growing and developing, meaning that the full impact on their physical or psychological health may not be evident until their condition has stabilised or they have reached specific developmental milestones, such as starting school. Waiting allows the solicitor to get a clearer picture of future care or treatment needs. In these situations, your solicitor can request interim payments to cover your child's immediate rehabilitative or special educational needs whilst the claim continues. These payments can be requested only when a defendant admits liability or there is a strong likelihood of success.

While every case progresses at its own pace, our panel of solicitors aim to make the legal process as efficient and supportive as possible for families. If you would like further guidance, contact our advisory team today.

What Damages Can Be Claimed?

The damages that can be claimed for a child's injury cover the physical, psychological, and financial impacts of the harm. The courts recognise that injuries sustained in childhood can shape a person's entire life trajectory, and compensation reflects this broader impact. As we touched on earlier, special damages cover the financial losses incurred as a result of the injury. For children, this typically includes expenses related to:

• Paediatric care: This includes prescription costs and private treatment or consultations.
• Travel for attending appointments: Encompasses the cost of public transportation, fuel, and parking fees.
• Special educational needs (SEN): If your child requires private tutors or specialist educational support because they can no longer attend school.
• Rehabilitation: Special damages can account for immediate and long-term rehabilitation support, including counselling and occupational therapy.
• Equipment or adapted accommodation: Includes installing accessibility modifications and purchasing prosthetics, wheelchairs, or smart assistive technology.
• Parental lost earnings: If you need to reduce your working hours or give up employment to care for your child.
• Care: Whether provided by professional carers or family members.

It is important to keep in mind that financial losses are only recoverable with evidence. Therefore, keep track of all expenses incurred that result from your child's injury, such as invoices from tutors, payslips for your wages, and bank statements detailing essential purchases. Calculating past and future losses requires expert legal support, which our panel consistently provides to clients. Reach out today to find out how they will be invested in negotiating a settlement that can help secure your child's lifetime needs.

Why Choose Us For Your Child Injury Claim?

If you choose a solicitor from our expert panel for your child injury claim, your family will gain immediate access to legal representation with extensive experience providing bespoke support across a wide range of cases. Our panel understands the sensitivity required when advocating for injured children and their families, and they approach every case with compassion, professionalism, and a clear focus on achieving the best possible outcome. Your child's wellbeing, both now and in the future, will always be at the heart of everything they do. This family-oriented commitment to client care centres on:

• Rehabilitation and recovery: Your solicitor will recommend mental health support services, rehabilitation providers, and educational specialists to help your child recover and rebuild their confidence.
• Tailored assistance: Whether you need assistance with becoming a litigation friend or applying for an interim payment, our panel provides clear, practical guidance at every stage of the claims process.
• Evidence gathering: From obtaining copies of paediatric reports to school maintenance logs, our panel knows exactly what evidence is needed to build a strong, well-supported case on your child's behalf.
• Transparent communication: Your family will receive regular updates online, by email, or over the phone, with straightforward answers that cut out the legal jargon.
• Professional representation: Our panel's approach combines thorough preparation with strategic advocacy, ensuring that every aspect of the claim is properly evidenced and persuasively presented.

With a 98% success rate, our panel has a proven track record of securing substantial compensation for injured children, underscoring the quality of their work and dedication to each case.

We believe that compensation is more than a financial figure; it's about securing the funds needed to help your child reach their full potential. By choosing a solicitor from our panel, your family gains a partner who will fight for your child's rights and champion their future wellbeing. Get in touch today to learn more about the services our panel of solicitors provides nationwide.