How To Make A Personal Injury Claim On Behalf Of Your Child

Child personal injury claims can be made if a child has been injured in an accident that was a third party’s fault. In these cases, a parent or guardian can act as a litigation friend and manage the case on their child’s behalf, connecting with a specialist solicitor to help them claim compensation for their child’s pain and suffering. 

While no amount of money can make up for your child’s pain and suffering, we’ve seen how compensation can make a significant difference when it comes to recovery, treatment, and securing a loved one’s future. 

Key Takeaways

• Child injury compensation can not only cover the immediate costs that arise from the injury, but it can also allow your child to access vital support so they can regain as much of their independence as possible. 
• Accidents involving children most commonly happen in public places, such as parks or on the road. 
• The usual personal injury claims time limit is 3 years, but for child personal injury claims, this time limit is paused until the child’s 18th birthday.
• A responsible adult/loved one of the child can become a litigation friend and claim compensation on their behalf while the claims time limit is paused. 
• The Court Funds Office ensures that the funds won in a child personal injury claim are protected until the child turns 18, with potential early releases for specific needs. 

While all accidents are horrible, those involving children in particular can be traumatic and can often affect the whole family. If you are a parent or guardian and are unsure whether you can claim personal injury compensation on your child’s behalf, please don’t hesitate to contact us today. We can confirm the claim eligibility for free in a quick and easy chat about your child’s circumstances:

Jump To A Section

1. What Are Child Personal Injury Claims?
2. Who Can Make A Claim On Behalf Of An Injured Child?
3. Common Accidents That Lead To Child Injury Claims
4. What Types Of Injuries Can Children Claim For?
5. How Much Compensation Could A Child Injury Claim Be Worth?
6. How Are Child Injury Compensation Awards Managed?
7. What Happens If The Injury Impacts A Child’s Future?
8. Can Parents Claim For Expenses Related To A Child’s Injury?
9. Is There A Time Limit For Making A Child Injury Claim?
10. No Win No Fee Child Injury Claims Explained
11. How A Solicitor Can Help With A Child Injury Claim
12. More Information

What Are Child Personal Injury Claims?

Child personal injury claims are a legal process where parents and guardians can seek compensation on behalf of a child who has been harmed by someone else’s negligent actions. The compensation can cover physical pain, psychological suffering, medical bills, and other current and future family expenses.

To find out whether you begin the child personal injury claims process, please speak to our advisors today for a free claim check.

Who Can Make A Claim On Behalf Of An Injured Child?

Parents and guardians can make a claim on behalf of an injured child if they can show that a third party was negligent and caused them harm. To establish negligence, 3 key elements must be proven:

1. A third party, such as an occupier or road user, owed your child a duty of care. 
2. This duty of care was breached due to negligent actions. 
3. This breach caused an injury to your child. 

Here are some third parties that may owe your child a duty of care, depending on the specific setting:

• Occupiers are the parties responsible for public spaces, such as parks, libraries, and supermarkets. Under the Occupiers’ Liability Act 1957, all occupiers must take steps to ensure that all public visitors to their premises are reasonably safe. This is their duty of care. 
• Road users also owe one another a duty of care. This means they must act in ways that avoid harming one another and follow The Highway Code and the Road Traffic Act 1988.

Claiming Once The Child Turns 18

Once an injured child turns 18, they will have 3 years (until their 21st birthday) to start a claim if one hasn’t already been made for them, as per the Limitation Act 1980. Before a minor’s 18th birthday, parents and guardians can step in as litigation friends to seek compensation on the child’s behalf. Litigation friends must act in the best interests of claimants.

We understand how hard it can be to see your child suffer, but our advisors are here to help you. If you believe your child’s injury was a result of someone else’s negligent actions, please don’t hesitate to reach out for tailored guidance.

Common Accidents That Lead To Child Injury Claims

Slips and trips in playgrounds and parks, collisions on the road, and falls on unmarked wet floors are common accidents that can lead to child injury claims.

Here are some examples of how a road user or occupier can breach their duty of care and cause a child injury:

Road Traffic Accidents

Children may sustain injuries in road traffic accidents caused by negligent driving, such as in the following scenarios:

• Pedestrian accident – a child is left with a broken arm after being struck by a car while on a zebra crossing. The driver was so distracted by their mobile phone that they failed to notice the crossing ahead. 
• Passenger accident – a head-on collision leaves a child with a severe brain injury when a drink driver swerved in front of the vehicle they were in.
• School transport accidents – a pupil fractures their arm while on a bus because the bus driver was exceeding the speed limit, and couldn’t slow down or brake in time for the traffic ahead.
• Cycling accidents – a child breaks their leg when they are knocked off their bike while riding with their parents due to a van driver failing to check their mirrors before turning into a junction. 

Public Place Accidents

Child personal injury claims may arise from accidents in public places if those responsible failed to take practical steps to keep children reasonably safe as visitors. Specific examples include:

• Playground accidents: defective swings collapse, causing a child’s wrist to fracture. The council responsible for maintenance hadn’t conducted an inspection for a significant period. 
• School accidents – a child suffers serious burns due to inadequate supervision during an experiment in science class.
• Accidents in shops – a child slips and falls on a mopped floor because no wet floor signs are displayed, causing them to dislocate their shoulder. 
• Accidents in a park – a child suffers lacerations while on a public footpath because the council had not cleared away a known pile of broken glass, despite it having been reported long before.

These are just some examples of how negligent actions can lead to a child’s injury. Contact our advisors today to share your family’s specific circumstances and find out more about starting the child personal injury claims process. 

What Types Of Injuries Can Children Claim For?

Fractured bones, dislocations, and brain damage are common types of injuries that children can claim for with the help of a litigation friend, but compensation can be awarded for many other forms of physical and psychological harm. Other injuries that a child might suffer due to someone else’s negligent actions include:

• Spinal injuries. 
• Amputations. 
• Burns and scalds. 
• Scarring. 
• PTSD. 
• Cuts. 
• Sprains and strains.
• Organ damage. 
• Internal bleeding. 
• General psychological harm. 
• Ligament damage. 

No matter how severe or minor your child’s injury is, there may be grounds to claim compensation for their pain and suffering. So, reach out today to let our advisors help your family. 

How Much Compensation Could A Child Injury Claim Be Worth?

The value of child personal injury claims varies greatly depending on the types of injuries that have been suffered, and the physical, psychological, and financial effects of these injuries. 

These effects can be split into 2 heads of claim when child injury compensation is being calculated:

• The physical and psychological effects of the child’s injury, such as extensive treatment, decrease in quality of life, and the severity of the pain, fall under general damages.
• Special damages cover the financial effects of your child’s injury.

To determine the value of general damages in child personal injury claims, legal professionals often look at the child’s medical records and the guidelines from the Judicial College (JCG). The JCG publishes guideline compensation brackets for an extensive range of injuries. 

Some of these brackets can be found in the table below, including those for brain damage and orthopaedic injuries. As the guideline compensation brackets are from the JCG (apart from the top figure), none of the entries can guarantee compensation for a child personal injury claim.

Injury	Severity	Guideline compensation brackets
Multiple serious injuries + special damages (e.g. medical expenses, rehabilitation payments, and home adaptation costs)	Very severe	Up to £1,000,000+
Brain	Very severe (a) - such as 'locked-in' syndrome with a significantly reduced life expectancy.	£344,150 to £493,000
Brain	Less severe (d) - a good recovery and return to normal life despite persistent memory and concentration problems.	£18,700 to £52,550
Back	Severe (i) - spinal cord/nerve root damage, with significant impairment of bowels and bladder.	£111,150 to £196,450
Back	Severe (iii) - disc fractures that lead to chronic conditions.	£47,320 to £85,100
Neck	Severe (i) - often linked to permanent spastic quadriparesis and incomplete paraplegia.	£181,020 (in region)
Neck	Moderate (i) - Including dislocations and fractures that result in immediate, severe symptoms.	£30,500 to £46,970
Leg	Severe (i) the most serious injuries short of amputation - such as an extensive degloving injury.	£117,460 to £165,860
Leg	Severe (iii) serious - compound fractures leading to prolonged treatment.	£47,840 to £66,920
Burns	Covering 40% or more of the body.	Likely to exceed £127,930
Arm	Severe Injuries (a) - such as serious damage to the brachial plexus.	£117,360 to £159,770
Arm	Simple fracture (d) - forearm.	£8,060 to £23,430

Our advisory team is available 24/7 and are ready to answer any questions you have about personal injury compensation at your convenience.

How Are Child Injury Compensation Awards Managed?

Child injury compensation amounts are managed by the court, held in a special bank account under the Court Funds Office. The compensation will be held by the CFO until the child’s 18th birthday, with early access possible for specific needs like medical care. 

Litigation friends are responsible for maintaining the CFO account until the child turns 18.

To learn more about child injury compensation, please contact our advisors today. 

What Happens If The Injury Impacts A Child’s Future?

If an injury impacts a child’s future, they may face lifelong academic, professional, and personal challenges, requiring extensive rehabilitation and financial support to manage their long-term needs.

The special damages head of claim can reimburse future financial losses resulting from your child’s injury, such as:

• Future loss of earnings if they are unable to work due to their injury. This also covers missed bonus opportunities and pension contributions. 
• Ongoing medical care costs. 
• Making home and vehicle adaptations (such as adding wheelchair ramps).

To be compensated for a financial loss, receipts, bank statements, payslips, and invoices must be supplied as evidence. 

For more information on how compensation might be calculated for child personal injury claims, reach out to our 24/7 team of advisors. 

Can Parents Claim For Expenses Related To A Child’s Injury?

Yes, under a head of loss called special damages, parents can claim for out-of-pocket expenses related to their child’s injury, including lost earnings and educational support. 

Some other financial losses that parents and guardians might incur due to their child’s injury include:

• Travel expenses for driving their child to and from medical appointments. 
• Besides their main salary, parents may miss out on bonuses, work-related benefits, and pension contributions when they need to take time off work to look after their child. 
• Gratuitous care costs for the unpaid time spent looking after the injured child. 

For more tailored guidance on what expenses could be sought in a child personal injury claim, reach out to an advisor for free today.

Is There A Time Limit For Making A Child Injury Claim?

Yes, there is a time limit for making child injury personal injury claims, which ends on the child’s 18th birthday if you are acting as a litigation friend on the child’s behalf.

If no claim is made by the child’s 18th birthday, then the child will have 3 years (until their 21st birthday) in order to make a personal injury claim for themselves.

To ensure that your claim is started within the limitation period, please contact our advisors as soon as it’s best for you. 

No Win No Fee Child Injury Claims Explained

No Win No Fee child personal injury claims mean that parents, guardians, or other litigation friends can help pursue compensation without any upfront or ongoing service fees to pay for a solicitor’s work. There are also no solicitor fees to pay if the claim ends up unsuccessful. 

The specific type of No Win No Fee arrangement our panel of solicitors work under is called a Conditional Fee Agreement (CFA). This means that if your child’s claim is successful, the solicitor will keep a tiny portion of your compensation as their ‘success fee’. This legal cap on the percentage taken for the fee ensures that the majority of the compensation will stay with your child, no matter what. 

To find out more about CFAs, please contact our advisors today.

How A Solicitor Can Help With A Child Injury Claim

As we understand how distressing this time may be for you as a parent or guardian, our panel of No Win No Fee solicitors can help you through every stage of the child personal injury claims process. From start to finish, they can:

• Give regular updates on how the claim is progressing. 
• Collect and present the required evidence, such as CCTV footage and your child’s medical records. 
• Communicate with the other party throughout the claims process.
• Negotiate the highest child injury settlement possible using their years of experience.
• Arrange court representation if necessary (which will be unlikely, as most personal injury claims are settled out of court).
• Find rehabilitation specialists best suited to your child’s needs. 

With decades of combined experience, you can rest assured that a solicitor from our panel will always prioritise your child’s welfare and best interests throughout the claims process. So, while they handle all aspects of claiming, you and your family can stay focused on what matters: your child’s recovery.

Contact UK Law’s Advisors

Contact our advisors at UK Law today to see whether you can connect with one of the No Win No Fee solicitors from our expert panel. They can make the child personal injury claims process as stress free as possible, with full assurance that the case is in the best of hands:

• Call 020 3870 4868.
• Visit our Claim Online page.
• Send a message to an advisor directly using our live on-screen chat box.

More Information

For more information on personal injury compensation claims, please browse our guides here:

• How to claim compensation after a hit-and-run road traffic accident.
• Find out how long compensation may take to come through.
• Learn more about public liability claims.

Additionally, this information could be useful for you:

• Gov.UK – information on health and safety for school children.
• NHS – guidance on how to give first aid.
• Gov.UK – information on your child’s education during illness.

We hope that this child personal injury claims guide has given you the answers you were looking for, but please do reach out to your friendly advisors if you have any more questions at all.