Child injury
compensation claims

Helping you get the compensation you need

If you are the parent or guardian of an injured child, or if you were injured when you were under 18, we can help.

If the injuries were caused by someone else, such as a road user, a business owner or a medical professional, you may be entitled to claim compensation.

Claiming child injury compensation with a solicitor

You can make a claim on behalf of a child at any time up to their 18th birthday. An injured child then has another 3 years, until the date of their 21st birthday, to make own claim if they choose. A personal injury solicitor can help you make a claim for compensation.

Your solicitor will ask you about how the accident happened, and they will collect evidence to prove what caused the injuries. Your solicitor will then identify who is legally responsible.

Based on the severity of the injuries and other expenses, the solicitor will work out how much money can be claimed.

We can help you make an injury claim, on a No Win No Fee basis.

You are not alone

The Health and Safety Executive (HSE) say that accidents involving children are under-reported. Around 35,000 children are injured in education every year. The majority of these school injuries are slips, trips and falls.

Royal Society for the Prevention of Accidents (RoSPA) estimates that many more children are injured on Britain's roads, after exposure to environmental hazards, or as the result of defective products.

If you decide to make a child injury claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you deserve.

Do you or your child have an injury claim?

If you were injured or made ill as a child and someone else was at fault, it should be possible to claim financial compensation if:

• The party responsible for the accident owed the child a duty of care (e.g. teachers owe a duty of care to their students)
• The accident resulted from a breach of that duty
• The accident caused the child's injuries

What if the child was trespassing or injured as a result of their own actions?

A claim for compensation can still succeed if liability is shared by both sides.

Children do not always appreciate possible risks or consequences when faced with danger. They are not expected to foresee and avoid injury to the same degree that an adult would.

With occupier's liability claims, following an accident on someone else's property, the defendant is held to a higher standard when a compensation claim involves a child.

What are the chances of winning a claim?

For a claim to be successful, it must be shown that another party was the cause of the injury. Depending on the circumstances of the case, the liable (responsible) party might be the owner or operator of a business, the manufacturer or distributor of a defective product, a driver or road user, a local authority or NHS trust.

If the other party (defendant) admits liability, the claim should be successful.

If liability is contested, or only partly accepted, the claim will be mere challenging. However, if the evidence supports your version of events then the claim is likely to succeed.

Read more:

How likely am I to win a personal injury compensation claim?

Can the claimant's identity be protected?

Yes. An application can be made on behalf of the claimant to have their identity protected. 'Anonymising' the proceedings ensures that the claimant's privacy is respected and that potentially vulnerable claimants are not put at risk of future harassment.

Read more:

Injury claims for 'anonymous' or 'protected parties'

Can we claim compensation if my child is hurt by a dangerous or defective toy?

Usually, yes. Companies that manufacture children's toys are held to a higher standard of safety and have a special responsibility to ensure their products are safe for use by children. Despite this, each year around 35,000 British children are injured in accidents involving toys.

Dangerous and defective toys are a frequent cause of accidents involving children. If your child is injured by a danger or defect results from negligence of other breach by the manufacturer, you can claim compensation on behalf of your child, under the UK's product liability laws that address defective product claims.

Examples of defective or dangerous toys include those with sharp edges, those that have been manufactured using harmful materials, and toys assembled using sub-standard production techniques that may cause them to break or splinter during play.

Claims are brought against the toy manufacturer. In some cases, the retail store where the toy was purchased may also be held liable, as retailers must take every reasonable step to ensure the products they sell are safe for use.

Read more:

Defective product compensation claims

What is the time limit for claiming compensation as a child?

The standard 3 year 'limitation period' does not apply to minors (under 18s).

With injured children, a compensation claim can be made:

• by a parent, guardian or litigation friend on behalf of the child at any time up to their 18th birthday
• by the injured child up to their 21st birthday

What is a 'litigation friend'?

Children cannot make a compensation claim on their own behalf.

To make a claim on a child's behalf, an adult must be appointed as a litigation friend.

The litigation friend will be responsible for communicating with the solicitors and making decisions in respect of the claim.

A litigation friend can be a:

• parent or guardian
• family member
• friend or other adult
• solicitor
• doctor or medical professional

Am I eligible for child injury compensation?

You should be entitled to child injury compensation if your injury resulted from the negligence or actions of another person or organisation, or from an accident that was not your fault.

Find out online if you can claim with our injury claim calculator. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.

What if I was partially at fault?

Personal injury claims where both the defendant and claimant share some responsibility are relatively common.

In our recent 2023 Personal Injury Claimant Survey, 13.99% of respondents thought they could be partially to blame for their accident.

You may still be able to claim compensation even if your actions may have contributed to the accident. Claims where there is fault on both sides (contributory negligence) are often resolved with a split liability agreement.

Read more:

Can I claim if I feel I was partly responsible for my accident?

How much compensation can I claim for a child injury?

At the start of the claim, the personal injury solicitor will consider the many ways the injury has affected, or could affect the child's life.

Calculating the correct amount of compensation will depend on:

• the seriousness of the injury, and
• any financial losses or costs incurred as a result of the injury.

This compensation calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

See also:

Special damages

Special damages is compensation awarded to cover any financial losses and expenses you incur as a result of your injury or negligent medical treatment. These damages aim to put you back in the financial position you would have been in, had your injury not occurred.

Special damages will also cover your medical treatment expenses, that might include diagnostic imaging tests, physical therapy and pain management.

Read more:

A complete list of recoverable losses in a personal injury claim

Claiming compensation for psychological injuries

If you have suffered psychological harm in addition to a physical injury or illness, you are not alone.

According to our 2023 Personal Injury Claimant Survey shows that 29.03% of potential claimants sustained a psychological injury, 70.97% of which related to a physical injury.

Injuries in children can lead to anxiety and developmental trauma, impacting their sense of safety and trust in the world around them.

Your solicitor will help ensure that any psychological harm you have suffered as the result of another party's negligence is recognised and included in the calculation of your compensation award or settlement. In addition, you can also claim for mental health treatment costs that may not be readily available on the NHS.

Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.

How can compensation help me or my child?

A compensation award or settlement cannot change the past, but it can assist with treatment and ongoing care costs.

Compensation can be claimed on behalf of a minor for:

• their medical treatment and care costs
• anticipated future treatment and care
• other expenses including travel costs
• damage to personal possessions
• loss or reduction of mental or physical capacity
• general pain and suffering

How long will a child injury claim take?

How long it can take to process a child accident claim can vary considerably.

If the defendant accepts liability, a claim might be concluded in 3 - 4 months. If liability is contested, however, it could take considerably longer.

On average child injury claims take around 4 to 9 months.

Read more:

How long will an injury compensation claim take?

Caring and sensitive support

A solicitor will handle the claim from initial consultation with you (or the litigation friend), through to the financial settlement. The solicitor will work with other specialists to help with:

• Access to treatment and therapies not always available on the NHS.
• Advice on personal injury trusts, tax and welfare benefits.
• Coordination with rehabilitation providers and therapists.
• Financial support, including interim payments if you are unable to work when looking after an injured child.

We recognise that claiming compensation on behalf of a child requires the utmost care, sensitivity and professionalism.

Parents and guardians often prefer to discuss the options with a specialist before proceeding with a claim. For a FREE consultation, call 0800 376 1001, or arrange a callback from a friendly, legally-trained advisor.

How has Quittance helped others?

Our panel of solicitors has acted on behalf of children injured in a wide range of circumstances. We can assist with claims including:

• accidents and injury at school or on school trips
• accidents on public property
• injuries sustained on poorly-maintained parks and playgrounds
• birth injuries and other clinical negligence
• injury or illness sustained as a result of discarded waste or harmful substances

We can help you focus on your child's treatment, care and recovery, giving clear advice in plain English throughout the process.

Will the claim have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

How did your injury happen?

The claim process for a child's injury will depend on the location and cause of the accident. Click the icons below to learn more:

Public
places

Road
accidents

Medical
negligence

Other
accidents

Injury FAQs

How long does an injury claim take?

What are my chances of winning my claim?

Will my claim go to court?

Can I claim for someone else?

How long do I have to make an injury claim?

What if a child was injured?

How we can help you with your injury claim

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

• FREE
  consultation
• Find out
  if you can claim
• No obligation
  to start a claim

Handled with the utmost professionalism... extremely kind, courteous and empathetic.

The Good Solicitor Guide

Kevin Walker obtains £80,000 for a construction worker's catastrophic hand injury

Read more case studies

Author:
Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.