When a child suffers an injury due to someone else's negligence, the emotional and financial toll can be immense. At our firm, we are committed to helping families navigate the complex process of securing justice and financial support through a child injury claim. This guide outlines everything you need to know about claiming compensation for a child, including legal grounds, procedures, and what compensation may cover.

Understanding Child Injury Claims

A child injury claim arises when a minor is harmed due to third-party negligence, whether through accidents in public places, school incidents, defective products, or medical malpractice. These claims are unique because children cannot legally represent themselves, and a responsible adult—commonly a parent or guardian—must act as a “litigation friend” on their behalf.

Common Scenarios Leading to Child Injury Claims

1. Road Traffic Accidents

Children are especially vulnerable near roads. Claims often arise from:

• Being hit by a car while crossing
• Accidents as passengers in vehicles
• Bicycle or scooter collisions

2. Accidents in Schools and Nurseries

Institutions owe a high duty of care. Injuries may result from:

• Poor supervision
• Unsafe playground equipment
• Slips and falls due to unmaintained facilities

3. Public Place Incidents

Children frequently get hurt in:

• Parks with faulty play equipment
• Supermarkets or shopping centers
• Swimming pools without adequate safety measures

4. Medical Negligence

Errors in diagnosis, treatment, or surgical procedures affecting a child may warrant a claim.

5. Defective Products or Toys

Manufacturers can be liable for harm caused by toys or products that do not meet safety standards.

Legal Framework and Time Limits

Although the standard limitation period for personal injury is three years, claiming compensation for a child differs:

• The limitation period starts when the child turns 18.
• A claim can be filed any time before the child’s 21st birthday.
• For mentally incapacitated children, the limit may not apply.

Prompt legal action is still advised to preserve evidence and witness testimonies.

Who Can Make a Child Injury Claim?

A responsible adult—usually a parent or legal guardian—must file the claim as a litigation friend. The court ensures that the child's interests are prioritized throughout the process.

How to File a Child Injury Claim

Step-by-Step Claim Process:

1. Seek Immediate Medical Attention
   Ensure the child’s well-being and obtain medical documentation.
2. Document the Incident
   Collect photographs, witness details, and CCTV footage if available.
3. Consult a Specialist Solicitor
   Choose a legal expert in child injury cases to assess eligibility and gather evidence.
4. Initiate Legal Proceedings
   The solicitor files the claim, and the litigation friend manages all decisions on the child’s behalf.
5. Negotiate a Settlement or Go to Court
   If liability is admitted, a settlement is reached. If not, the case proceeds to trial.
6. Approval by Court
   All settlements involving minors must be approved by a judge to ensure fairness.

Types of Compensation Available

General Damages

For pain, suffering, and loss of amenity.

Special Damages

To cover:

• Medical expenses (past and future)
• Travel costs
• Therapy or counseling
• Lost earnings (in case of long-term disability)

Future Losses

Compensation may also factor in:

• Reduced earning capacity
• Ongoing care needs
• Home or vehicle adaptations

Where Is the Compensation Held?

The court typically orders that any awarded compensation is placed in a court-held trust account until the child turns 18. However, early access may be granted if funds are needed for the child’s care or rehabilitation.

Key Considerations When Claiming Compensation for a Child

• Early legal advice is crucial. Delays can impact evidence quality.
• Choose a solicitor with a track record in child injury cases.
• Focus on the child’s long-term well-being, not just immediate expenses.
• Rehabilitation and support services should be integrated into the claim.

Why Choose Us?

We have extensive experience in successfully handling complex child injury claims, ensuring each case is treated with care, expertise, and full legal compliance. Our team works on a no-win, no-fee basis and guides families from the initial consultation through to court approval and compensation payout.

Final Thoughts

When your child is hurt due to someone else’s negligence, taking legal action may feel overwhelming. Yet, with the right legal guidance, claiming compensation for a child can not only provide financial relief but also support their recovery and future quality of life.