My Child Got Hit By A Car, Can I Claim A Payout?
Welcome to our guide answering the question, ‘my child got hit by a car, can I claim?’ In it, we detail how you could claim compensation on behalf of your child if they are hit by a car.
All road users have a duty of care. Pedestrians have the right of way in many situations but should still behave in a way that decreases the risk of accidents occurring. Motorists are expected to act with the same care and skill as the average motorist. If this duty of care is breached, accidents could happen, such as a child getting hit by a car.
If the child is injured as a consequence of the accident, an appropriate person could claim on their behalf.
Read on to learn more about how you could claim if your child got hit by a car. You can also reach out to us using the contact details below. Our advisors are available to offer free legal advice 24/7 and could connect you to a solicitor to start your claim. However, there is no obligation to start a claim with us after speaking to an advisor.
Select A Section
- My Child Got Hit By A Car, Can I Claim For Their Injuries?
- How Litigation Friends Could Pursue Claims For A Child Hit By A Car
- What Happens To Children’s Compensation?
- How Long After My Child Getting Hit By A Car Can I Claim?
- My Child Got Hit By A Car, What Could I Claim?
- Contact Us To Make A Child Traffic Accident Claim
When making a personal injury claim, you should show that another’s negligence caused the accident and that it caused harm. However, you may be wondering if your child got hit by a car, can you claim compensation?
If you can prove that the other party injured the child due to a breach of duty of care, you could claim compensation. To find out more, contact our advisors at any time.
What Is A Litigation Friend?
A litigation friend is a requirement for child personal injury claims. A litigation friend is essentially an adult who can be trusted to represent the child’s best interests in a personal injury claim.
This could be the child’s parent, guardian or another eligible adult in their life. They need to apply to the court, which will then assess their application to see if they are suitable to make decisions in the claimant’s best interests. If nobody applies or is suitable, the court may ask the Official Solicitor to step into the position.
There are certain duties a litigation friend must carry out if they are going to represent a child in proceedings. This includes:
- Making decisions in their best interest.
- If applicable, talking to their solicitor about what is happening and instruct them for the benefit of the claimant.
- Paying any court-ordered costs.
- Doing everything possible to tell the claimant what is happening in the case and discovering their thoughts and feelings about it.
You could potentially apply to the court to claim back any expenses you’ve experienced whilst acting as a litigation friend. The court will require evidence and will assess if the expenses were reasonable.
If the claim is successful and the other party must pay compensation, there will be a hearing to approve the settlement. You should also represent the child here and bring any relevant documents, such as the child’s birth certificate.
Generally, the role of a litigation friend will end once the case is settled. However, if compensation is being paid into a Court Funds Office (CFO) account, you would need to remain as the contact for this until the claimant turns 18. This article goes into more detail about CFO accounts in the next section.
To find out more about litigation friends, get in touch with our advisors today.
If your child got hit by a car, can you claim compensation? You could claim on their behalf. However, the compensation would be paid to the child. As children cannot have their own bank accounts, the compensation is paid into a Court Funds Office (CFO) account until they turn 18.
Once the child turns 18, the money will be transferred into their own bank account, and the CFO account will be closed.
It is possible to apply to the court to receive some of the compensation before the child turns 18. This will likely only be approved for necessary costs, such as medical treatments. The court may ask you to provide evidence of exact costs and how the child will benefit. You may also need to attend a hearing with the child and pay a fee.
To find out more about CFO accounts, contact us today.
You may be wondering, ‘how long do I have after my child got hit by a car to claim?’ For general personal injury claims, the time limitation to start a claim is 3 years under the Limitation Act 1980.
These 3 years begin from either the accident date or the date of knowledge. The date of knowledge is when you became aware that your accident caused you harm. However, the process for children is different.
You can start a claim on behalf of a child at any time until that child turns 18. If a claim has not been started before the claimant turns 18, they can start one on their own behalf from their 18th birthday. they’d have until their 21st to claim.
To find out more about how time limitations could apply to you, get in touch with us today.
This section looks at potential payout amounts for a child road traffic accident claim.
Compensation for injuries can be estimated from payouts in previous cases. However, this means they are not a guarantee for your specific claim. The figures are found in the Judicial College Guidelines, a document used by legal professionals when valuing personal injuries.
General damages aims to compensate your child for any mental or physical suffering caused by the accident. To accurately estimate how much they could receive in general damages, they would have to attend a medical assessment.
A medical professional will consider their injuries and how they may continue to affect their quality of life. The findings of this appointment will be key in evaluating the claim.
Injury Severity Amount Notes
Mental Anguish (e) £4,380 There is a fear of impending death or a reduction in expectation of life. Also includes the parents of young children suffering mental anguish for a period of around 3 months.
Bowels (a) Up to £172,860 Double incontinence - the total loss of natural bowel function and complete loss of urinary function and control. There will also be related medical complications.
Back Severe (ii) £69,600 to £82,980 There could be nerve root damage with related impaired bladder and bowel function, loss of sensation, unsightly scarring and impaired mobility.
Fingers Serious £13,970 to £15,330 Serious injury to ring or middle fingers. There will be fractures or tendon injuries that cause stiffness, deformity and a permanent loss of grip or dexterity. The middle finger may be lost entirely.
Ankle Modest Up to £12,900 Less serious ligament injuries, fractures or sprains.
Face (b) £13,970 to £22,470 Multiple fractures of the facial bones that result in a permanent deformity.
Pelvis & Hips Moderate (i) £24,950 to £36,770 Significant injury where the resulting disability is not major and the future risk is not great.
Wrist (a) £44,690 to £56,180 Complete loss of function in the wrist.
Leg Severe (i) £90,320 to £127,530 Serious injuries just short of amputation. This could include extensive degloving of the leg leading a gross shortening or fractures that have not united and extensive bone grafting is necessary.
Arm Lesser (ii) Up to £3,710 Minor soft tissue injuries where a complete recovery has been made.
Special damages could also be part of your child’s compensation. This aims to compensate for any specific financial losses that have resulted from the accident. This could include:
- Adaptions to the home, such as a wheelchair ramp
- Property damage, such as clothes, glasses etc.
- The price of independence supports, i.e. crutches
- The cost of any care if needed
- Medical expenses the NHS can’t cover
It could also be possible to claim a loss of earnings for the parent or child. If the parent has had to take time away from work to care for the child, this could be included in special damages compensation. Also, if the child is over 16 and has a job of some kind, it’s possible they could also claim for a loss of earnings.
You could claim for calculable future losses. For example, if you need to be away from work for a long time, you could claim for the future loss of earnings.
It is possible to claim without the help of a solicitor. You may be considering this option if you are concerned about the fees attached to hiring a lawyer. However, we believe their services can be crucial, and you should know that there is an agreement potentially available to you that can be more beneficial if you are struggling financially.
Under a No Win No Fee agreement, the solicitor takes on the risk of the claim with you. Some benefits include:
- No upfront or ongoing solicitor fees during your claim
- Not having to pay the solicitor’s fee if your claim does not succeed
- If your claim succeeds, you only pay your solicitor a legally capped success fee
To find out more about how the claims process could work for you, reach out to our team of advisors for no-obligation advice today. They can offer free guidance on the claims process and are available 24/7 to help you. If they think your case has a good chance of success, they could pass you on to a solicitor from our panel.
Victim Support Resources
Thank you for reading our guide answering the question, ‘my child got hit by a car, can I claim?’ We hope it answered any questions you may have had. For further support resources, please see below.
How to Claim Compensation with a Child Brain Injury Lawyer – If your child has suffered a brain injury, this article explains how a lawyer could help you claim compensation.
Road Accident Solicitors – Our guide on how road accident solicitors could help you.
Claims for Car Accidents with Pre-Existing Conditions – If you’ve had a pre-existing injury be worsened by a car accident, use our guide to determine how to claim.
Think! – This is the government’s designated road safety campaign.
Brake – A registered road safety charity.
Department for Transport – The Department for Transport is the branch of the UK government that invests and plans the transport infrastructure.
We hope our guide answering the question, ‘my child got hit by a car, can I claim?’ was useful. If you have any questions, don’t hesitate to call us.
Checked by HT