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Child Accident Claims Explained
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Experiencing an accident can be a traumatic experience and when a child is involved in one, it is especially stressful and heartbreaking. Through this guide, we’ll help you in navigating through the process of child accident claims.
We’ll start by explaining what a personal injury claim for a child accident is and what could cause one. This guide shall also explore how you can claim compensation for your child’s injuries and the evidence required for the same. We’ll address whether your child will have to undergo a medical examination and the time limit for child accident claims. You will then see a table of injuries and the compensation you could claim for them. After that, we will touch upon claiming for the long-term impact of the accident and how your child will receive compensation. We’ll end the guide by offering our No Win No Fee services for your child’s personal injury claim and some further resources.
Want to make a personal injury claim today? Speak to our advisory team now by:
- Call us at 0800 073 8801
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Choose A Section
- What Is A Child Accident Claim?
- What Can Cause Child Accident Claims?
- How Do I Claim On My Child’s Behalf?
- What Evidence Can Help In Child Accident Claims?
- Will My Injured Child Need To Have A Medical Examination?
- How Much Compensation From A Child Accident Claim?
- Can I Claim For The Long Term Impact Of A Child’s Accident?
- How Does My Child Receive Personal Injury Compensation?
- Why Make A No Win No Fee Child Personal Injury Claim?
- More Resources About Making Personal Injury Claims
What Is A Child Accident Claim?
In order to make a child accident claim, you will have to establish:
- The person who caused the accident or the defendant owed a duty of care towards your child.
- The defendant has been in breach of this duty.
- As a result of the breach, your child has suffered injuries.
If you have a valid child accident claim, you may be able to make a claim on behalf of your child as a parent or guardian. This will be explained in greater detail in the next section.
Want specific information on claiming compensation for funfair accidents? Contact our team for assistance.
What Can Cause Child Accident Claims?
We shall provide a few examples of potential child accident claims:
Road Traffic Accidents
If your child was injured in a car accident due to the fault of another road user, you can make a child car accident claim. Everybody using the roads owes a duty of care to other road users. This duty has been enshrined in legislations like the Highway Code and the Road Traffic Act of 1988. This personal injury claim would be known as a child car accident claim.
You can contact our team for guidance on making a road traffic accident claim against a driver.
Accidents In Public Places
It is very common for children to sustain injuries in parks and playgrounds as well. The party which occupies the public space owes a duty of care towards visitors. This party could be either an individual or business in charge of the space, such as the local council or the owner of the establishment. The Occupiers’ Liability Act of 1957 outlines their duty by mandating the following steps:
- Address any potential hazards which could cause harm.
- Ensure that the staff is adequately trained in health and safety.
- Conducting regular risk assessments.
If a failure to fulfil the above duty causes injuries to your child, you could make a child accident claim against the party.
Contact our team to know more about a public liability claim and a public park accident claim.
How Do I Claim On My Child’s Behalf?
As mentioned above, you can make an accident claim on behalf of your child by acting as a litigation friend. You can either be appointed by the court or you could apply to become one.
The court will assess your suitability through the following criteria:
- There is no conflict of interest.
- You are capable of making decisions related to the case in a fair and competent manner.
Once the court is satisfied about your suitability, you can be appointed at any point during the claim.
Want to prove that a car accident was not your fault? Do contact our team for help about child accident claims.
What Evidence Can Help In Child Accident Claims?
To substantiate your child accident claim, it is essential to compile evidence which establishes the causation between the accident and your child’s injuries. Some examples of the evidence which you could use are:
- Photographs of the injuries and the accident site.
- Medical records like X-Rays, prescriptions and the GP’s notes to explain the seriousness of the injuries.
- Contact details of any witnesses who wouldn’t mind giving a statement later in the claims process.
- A video recording of the accident captured through the dash cam in case of a road accident or CCTV footage.
Wondering if you could make a claim over a broken drain cover accident? Contact our team to find out more about child accident claims.
Will My Injured Child Need To Have A Medical Examination?
As part of the child accident claim, your child would likely be directed to undergo an independent medical examination. However, you need not fear since our team will ensure that your child is taken to a friendly and capable medical professional. We’ll ensure that your child accident claim is compelling with strong evidence.
Want information about a barbed wire personal injury claim for your child? Contact our team to find out more about child accident claims.
How Much Compensation From A Child Accident Claim?
Successful child accident claims include compensation for the injuries suffered by the child. These include both physical as well as psychological injuries or illnesses and are called general damages. To supplement the findings of the medical examination, some reliance could also be placed on the Judicial College guidelines (JCG). These guidelines provide a list of injuries and a range of the damages one could be awarded for them. We have replicated some of the figures in the table below. However, it is important to note that these are just guidelines and the first row of the table isn’t from the JCG.
| Injury | Severity | Notes | Compensation Guidelines |
|---|---|---|---|
| Multiple Severe Injuries and Special Damages | Very Serious | Compensation could be awarded for more than one injury and consider if there has been a loss of earnings, nursing care is required | Up to £1,000,000+ |
| Brain Damage | Very Severe | May cause cognitive/physical disabilities, little response to environment, requiring full time nursing care | £344,150 to £493,000 |
| Facial Disfigurement | Very Severe Scarring | There is severe cosmetic disfiguring and severe psychological reaction in relatively young claimants like teens. | £36,340 to £118,790 |
| Severe Leg Injury | Serious | There are serious compound fractures or injuries to the joints which result in instability, prolonged treatment and extensive scarring | £47,840 to £66,920 |
| Arm Injuries | Less Severe | There have been significant disabilities although substantial recovery has taken place or is expected. | £23,430 to £47,810 |
| Hand Injury | Less Serious | There could be a severe crush injury resulting in severe impaired function without future surgery or despite undergoing operative treatment. | £17,640 to £35,390 |
| Ankle Injury | Moderate | Fractures and ligament tears which give rise to less serious disabilities such as difficulties in walking on an uneven ground, difficulty in standing or walking for long periods, residual scarring. | £16,770 to £32,450 |
| Shoulder Injury | Serious | Dislocation of the shoulder and chronic pain in the shoulder and neck, aching in elbow and weakness of grip leading to restricted shoulder movement | £15,580 to £23,430 |
| Toe Injuries | Serious | There are serious injuries to the great toe and multiple fractures of two or more toes. There is some permanent disability by way of discomfort, pain or sensitive scarring. | £11,720 to £16,770 |
Still confused? Contact our team to understand how to calculate compensation amounts for a personal injury claim.
Can I Claim For The Long Term Impact Of A Child’s Accident?
You could also claim damages for the financial losses incurred by you due to your child’s accident. These are called special damages and include the following:
- Any adaptations made to your home or vehicle due to your child’s injuries or resulting disability.
- Any time you or other family members had to take off from work to provide care.
- The cost of medical treatment, travelling to and from doctor’s appointments and purchase of medications.
- Any long-term impact on your child’s life and their future because of the accident. For instance, if they sustained brain damage in a fall down the stairs due to a faulty railing, causing them to have a permanent disability.
You would have to compile evidence like receipts, bills and medical reports to highlight the long-term harm suffered.
Contact an advisor to discuss how compensation could be awarded in child accident claims.
How Does My Child Receive Personal Injury Compensation?
For successful child accident claims, the compensation awarded will be held in a bank account under the Courts Fund Office. The Courts Fund Office will hold that amount until the child’s 18th birthday. Once the child turns 18, the court usually transfers the compensation to the child and then closes the account. As a litigation friend, you will be responsible for maintaining the Court Fund Account until your child turns 18.
Want to claim on behalf of your child for a school accident? Contact our team for more information.
Why Make A No Win No Fee Child Personal Injury Claim?
If you have an eligible claim on behalf of your child, you may want the support of a solicitor. While you are not required to enlist a personal injury solicitor for the claim, collecting evidence is a tedious process, and the claims process can be complex, especially if the defendant denies liability. Our experienced and capable solicitors will work hard to make sure that you’re awarded compensation.
You don’t have to worry about any upfront solicitor’s fees since we offer No Win No Fee services. This means that we operate on a Conditional Fee Agreement (CFA) model and we’ll take payment only in case of a successful outcome. This is called the Success Fee, which is a certain proportion of your compensation. Your No Win No Fee agreement shall mention this percentage and it is capped by law. In the event of an unsuccessful outcome, your No Win No Fee solicitor will not charge any fees for their work on the claim.
Want to know more about No Win No Fee agreements and how personal injury solicitors support child accident claims? Contact our advisory team for details:
- Call us at 0800 073 8801.
- Message on our live chat to go right through to an advisor.
- Submit a Claim Enquiry online by filling our form.
More Resources About Making Personal Injury Claims
Thank you for reading our guide on child accident claims. If you want more information, here are some more guides from our site which may be helpful:
- Guidance on how much you could claim for a child brain injury.
- Information on claiming compensation for family members.
- Learn about child whiplash claims with our informative guide.
Here are some external resources for further reading:
- Guidance on performing first aid from the NHS.
- Information on complaining about your local council.