A Guide to Claiming Child Injury Compensation
If your life, or the life of a loved one, has been affected by an accident involving children we can help.
The purpose of this guide is to help anyone who has suffered an accident involving children and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
The Health and Safety Executive (HSE) argue that accidents involving children are substantially under-reported. HSE data for schools suggest that around 35,000 injuries are sustained by children in education, the majority of these being slips trips and falls.
According to the Royal Society for the Prevention of Accidents (RoSPA) estimates, many more children are injured on Britain's roads, after exposure to environmental hazards, or as the result of defective products.
There is a large body of law in place to protect children from harm and to ensure compensation can be claimed when minors are injured as a result of the acts or negligence of others.
Who can make a personal injury claim on behalf of a child?
Parents or guardians can start a claim on behalf of a minor who was injured as a result of an accident. For an accident involving a child to be eligible for compensation, a number of factors must be considered:
- The party responsible for the accident must owe the child a duty of care (e.g. teachers owe a duty of care to their students, drivers owe a duty to pedestrians and other road users)
- The accident will need to have resulted from a breach of that duty
- The accident must be the cause of the child's injuries
Time limits for claiming compensation if a child is injured
Claims can be made on behalf of a child at any time up to their 18th birthday. An injured child has another three years, until the date of their 21st birthday, to begin their own claim if they choose.
A parent, guardian, friend or relative who is making a personal injury claim for the child is referred to as a 'litigation friend' by the Courts.
The litigation friend will be responsible for taking decisions in respect of the claim. A settlement agreed on behalf of a child or protected party will need to be approved in an informal hearing.
Can a claim be made if the child was trespassing, or was otherwise injured partly due to their own actions?
A claim for compensation can still succeed if accountability for the injury or accident 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.
How personal injury compensation can help
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
Claiming on behalf of a child
We recognise that claiming compensation on behalf of a child requires the utmost care, sensitivity and professionalism. In consideration of the circumstances of your child's accident or illness, your solicitor will tailor their advice and approach to suit you.
The parents or guardians of an injured child often prefer to discuss their options with a specialist before going ahead with a claim. Quittance's solicitors are available to run through your options and offer any guidance and support needed.
The 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
Quittance's solicitors help you to focus on your child's treatment, care and recovery, giving clear advice in plain English throughout the process.
The amount of money you could claim for your child injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your child injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special 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.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a child injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
What is the average injury compensation for a child injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a child injury will depend entirely on your specific circumstances.
Your child injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Can I get an interim payment?
Interim payments are effectively an advance on a probable compensation award. An interim payment may be awarded if the claimant is in immediate financial hardship.
Can I claim for an existing child injury that has got worse?
Yes, it is possible to pursue a claim in the event that a pre-existing medical condition, illness or injury is made worse or aggravated by an accident or someone else's negligence.
Child injury compensation
Calculating how much compensation you can claim for a child injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your child injury claim could be worth now:
How long does an injury involving children claim take?
How long it can take to process a child accident claim can vary considerably.
For example, if the school or responsible party accepts liability, a claim might be concluded in a few months. However, if liability is denied it could take considerably longer. On average a child injury claim should take 4 to 9 months. See more:How long will my claim take?
Will I still be able to claim for a child injury after the law changes in April 2020?
The law relating to personal injury claims is changing in April 2020.
You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).
In addition, compensation for whiplash and other soft-tissue injuries will be reduced.
Caring and sensitive support
Your solicitor will handle your child injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
Who pays for this specialist help?
The cost of treatment will be factored into your compensation settlement paid by the defendant or their insurance company. Should you require private treatment before the case settles, an interim payment to cover treatment costs may be possible.
What is the chance of winning a claim for compensation?
For a claim to be successful, it must be shown that another party was the cause of the injury. Dependent on the circumstances of the case, the party responsible could be the owner or operator of a business, the manufacturer or distributor of a defective product, a local authority or NHS trust.
If liability is contested, or only partly accepted, it will be harder to reach a successful outcome.
If the other side has admitted that they are responsible, you have a strong chance of success.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
How does no win, no fee work?
No win, no fee means that your solicitor will not charge you anything at all if your child injury claim is unsuccessful. 'No win, no fee' is also known as a 'Conditional Fee Agreement' or 'CFA'.
Our no win, no fee guarantee
Our no win, no fee guarantee means there is no financial risk in making a child injury claim - even if you don't win your claim.
What do I pay if I win my child injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my child injury claim?
If your child injury claim is not successful then you do not have to pay any legal fees . Your solicitor may take out insurance to ensure there will be nothing to pay.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Child injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a child injury claim?
In general, you have a time limit of up to 3 years from the date of the child injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your child injury claim becomes 'statute barred'.
Can I claim for a child injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim child injury compensation.
In reality, there are a number of factors that can affect whether a child injury claim will be taken on by a solicitor.
Will I 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.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
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.
Read more about this Quittance Legal Expert