By Brett Williams. Last Updated 15th July 2021. Welcome to our guide on child injury claims and child accident claims. Anyone, irrespective of age, can be the victim of a personal injury. Many people, however, are unaware of the various different scenarios in which minors are able to make child accident claims because there is little information available regarding this.
Here, we look to provide all the information you need to know about making a child injury claim, whether your child is injured at school by another child in the UK, or you are looking for advice on a car accident claim for a child.
We’ve included a child compensation calculator table too, that gives an idea of how much compensation is awarded to a minor typically for certain injuries. From school playground accidents to RTA injuries, we hope to answer all the questions you might have about child accident claims.
Select a Section
- A guide to how much compensation you might be able to claim for a child injury
- Is there a time limit on making a child injury claim?
- When a child injury occurs, who might file a claim?
- What can you claim for in the case of child injury?
- No Win, No Fee, compensation claims for child injuries
- Under what circumstance can a parent claim compensation for a child injury?
- What happens to compensation paid to children?
- How do you make a claim for a severe injuries for a child?
- What should you do if you have to claim compensation for an injury to a child
- What amount of compensation might my child be awarded in respect of their injury? Updated July 2021
- Why should you pick us to help with your compensation claim?
- Contact us for free no-obligation advice and to begin a claim
Most often when we consider personal injuries in respect of a minor we will think of injuries sustained as a result of a road traffic accident, such as child whiplash claim cases. But, collected data indicates that, in fact, a considerable number of injuries to minors occur whilst they are at school, making child injured at school UK claims more common than many people think.
The Royal Society for the Prevention of Accidents (RoSPA) says it is estimated that there are 40,000 injuries on children’s playgrounds each year that result in the child going to the hospital. It is interesting that we do not really think of personal injury in respect of children’s accidents, yet we do with many adult accidents that result in injury.
Child injury claims and child accident claims
If a child becomes injured, whether as a result of an accident in a public place, in common playground accidents, playing out near their home or even if a child got hurt on school playground sites, it is often thought of as merely an accident. Yet, often it is not that simple. If the injury to the child occurs as a result of the negligence of another, in the same way as an adult can make a claim for compensation for a personal injury then so too can a child make a claim for child injury compensation or personal injury compensation. Whilst it is true that children might be expected to fall over and hurt themselves, these occurrences are not always simply accidents.
Sometimes people can be uncertain as to whether they have a case to make a claim for compensation, and some even ask if a child is injured at school who pays. This is a common question we are asked as well as what accidents at school procedures should be in place. this is why we offer free confidential advice. In the case of minors who have been injured, this is even more true.
Where a baby or child is injured in an accident caused by somebody else’s negligence, a parent, guardian or responsible adult could seek compensation on their behalf. Alternatively, they will have 3-years to make their own claim from the date of their 18th birthday.
Contact us and we will be able to tell you very quickly if your child will have a case for making a child accident claims for an injury to a child. We can also discuss the potential compensation amount if the claim is successful.
Source: Playground accident advice
The reality is that children who are injured when it wasn’t their fault are missing out on the child injury compensation payments that they could be entitled to. It is for this reason that children have a longer time limit in which they can make a personal injury compensation claim for the likes of pain, suffering and costs for medical treatment.
In the case of adult personal injury claims, they usually have three years after the point in time when the accident occurred or from the time that they became aware of their injuries so that they could make a claim. Minors, however, have until three years from the date of their 18th birthday, so when they are 21, to be able to make their claim for personal injury.
If you’re asking after an accident in school how to report it, then our advice would be as soon as possible as it becomes harder to pursue a claim the more time marches on. A personal injury lawyer can explain further on this process.
Child injury claims and child accident claims before the age of 18
Before a child turns 18, a parent or guardian (or a “litigation friend”) – someone who is chosen to act on the minor’s behalf in respect of a child injury claim, when the child is too young to pursue the claim themselves – can make the claim.
The amount of compensation that might be paid out to a minor can differ from case to case, depending on the injuries sustained and the long-term prognosis for the child. There are many situations in which children can become injured, but if there is a chance that the injury could in fact have been avoided, whether as a result of appropriate measures being put in place or because of someone else’s negligence then there may be a case for making a claim for compensation.
In the UK, the law states that a minor is unable to make a personal injury claim themselves. In order to make a claim, a person who is aged over 18 is required to act on behalf of the child. This person could be a parent or someone who is responsible for the child. They are usually known as a “litigation friend”. It is their job to act on behalf of a child for child accident claims. That’s because it’s deemed they will not have the required legal capacity to be able to fully comprehend everything that is involved in the claims process.
If the injury to a child has occurred through the negligence of another (perhaps they were involved in an accident on the roads, the accident occurred at school or in a public location and no claim is pursued whilst the child in question is under the age of 18), then they are entitled to make child injury claims of their own once they are no longer a minor. UK law states once a child who received an injury turns 18 they are allowed a further 3 years in which they might pursue a claim for compensation for an injury to a child.
There are several different areas that should be given consideration when you make a claim for child injury:
- General damages – this part of a compensation claim looks at how much suffering and pain a child has been subjected to as a result of the injury that occurred through no fault of their own. Both the prognosis and seriousness of the injury will have a big impact on the amount of the compensation payment for any child injury claims.
- Special damages – In a personal injury claim for an adult, these damages consider factors such as the financial impact on the person e.g. being unable to work due to injuries. In the case of a minor, however, there would not be any loss of earnings. Special damages in a child injury claim may refer to medical expenses, the cost of any travel or cost for damage to property. It may also include future expenses such as those related to future medical care and treatment, or even predicted loss of earning.
The majority of personal injury compensation claim cases, including those for child injury compensation cases, are supported by either a conditional fee agreement or via a No Win No Fee arrangement. These types of arrangement allow those people who have been the victims of personal injury to pursue a compensation claim in situations where the injury has occurred that was not their fault.
Our free initial consultation is available to anyone who believes that their injuries have occurred because of someone else’s negligence. This consultation offers the opportunity to consider all the details of your child accident claims and consider what the likely outcome might be. If we believe that there is indeed a case for a personal injury claim, we will be able to suggest a Conditional Fee Agreement.
What could this mean for your child injury claims case?
This means that on the successful conclusion of the case, an amount of the compensation that the client is awarded will be transferred to the party involved to cover their fee; meaning there is no financial uncertainty. We will never ask you to pay any money upfront in fees and you will not need to part with any money before the case is completed. There will be nothing to pay if the case is unsuccessful.
You can be assured that if we do take on your child injury case that we will do our utmost to ensure that the maximum compensation payment is reached for the injuries that have occurred. If we agree to take on your case it is because we believe it will be successful. 99% of the cases we do undertake are done so on a No Win No Fee basis which means we only undertake the cases we are sure will be successful.
In the same way that an adult might sustain a personal injury as a result of an accident on the roads, a trip, slip or fall or in a public location, so too can anyone under the age of 18. A child involved in an accident is unable to make a claim for themselves, by law they require an adult to pursue the claim on their behalf.
Below is a list of some of the ways in which a child may be injured through no fault of their own:
- Accident Claims Relating to Car Accidents – Road traffic accidents occur all the time, and minors are just as likely to be injured as adults. A child who has been injured as a result of a traffic collision has the right to pursue a claim for an injury to a child. These claims can be made by a parent or any adult who is responsible for the child who will act in the capacity of a litigation friend.
- Whiplash Claim – Child accident claims of this nature can commonly be because of a traffic incident. So, child whiplash claims can result from a road traffic accident and could affect anyone who has been involved in the accident. Any victims of an accident that results in a whiplash injury can make a claim for compensation if the fault does not lie with them.
- Injury at School Compensation Claims – You may be concerned about children who are injured at school because of the improper implementation of safety measures. If your child is injured at school, you are likely to have questions. The Health and Safety Executive say that the most common causes of workplace injuries are slips and trips. This includes all education premises. Depending on the pain and the suffering that a child has been put through with their injuries child injury compensation at school can vary.
- Injury at Nursery Claims – Small children in a nursery setting can be injured for a number of different reasons, such as lack of appropriate supervision. In these circumstances, it could be hard to get an explanation. The Childcare Act 2006 states that, no matter what their age or the setting, children should be afforded a duty of care. It is important that children in these settings are kept safe at all times. If a child is injured due to negligence on the part of the nursery or its staff, then their parents are well within their rights to pursue a claim for injury compensation.
- Injury at a Play Centre – Soft play areas and play centres seem to be becoming more popular. But, it is important that these areas remain safe as they are used by all ages of children. With the potential for hot drinks to spill, unmaintained equipment causing damage and even the possibility of slips, trips and falls accidents can all too easily happen in these places. If the equipment is not properly maintained and proper attention is not paid to health and safety, then children could be injured.
- Medical Negligence Claim – Even though we have one of the finest medical provisions anywhere in the world, medical mistakes can still happen. No matter how minor the injury that a child sustains if they are injured through the negligence of a medical professional then a claim for medical negligence can be pursued.
- Birth Injury Claim – Sadly injuries can occur during childbirth, and they can have devastating results for both mother and baby, especially in those instances where the injuries occur as a result of negligence on the part of the medical team responsible for the delivery. These injuries can be life-changing for the people involved, and in such cases, there is certainly a case for claiming compensation.
- Injury in a Public Place – Children, just like adults, can easily be hurt in a public location, for example tripping on a damaged pavement, falling in the park or slipping in a café, restaurant or in a shop.
If you have any questions on this section, whether it is to ask about health and safety for children’s playground, or for a child broken arm at school, who pays the compensation, simply call us and we will be glad to explain more about child injury claims.
Settlements for personal injury involving children are required to undergo an “Infant Approval Hearing”. This is different from the way in which adult injury compensation claims are dealt with. The hearing takes place in a court that is local to you, this is so that the judge can make sure that the injured child is getting appropriate compensation for their injuries. In the UK, all child injury settlements are required to proceed to a hearing so they can be passed.
The answer to the question ‘What happens to children’s compensation?’, any compensation payment made to a child is placed in a trust fund where it is kept until the child’s 18th birthday. This ensures that the compensation for child accident claims is used only by the claimant when required for their own needs.
In certain cases where the child has need of helpful items, they are able to withdraw amounts from the total compensation for child injury claims. If this money is required, the child’s guardian or their parent must contact the court in writing to request the release of funds.
In an adult, a major injury can cause a fair amount of trauma, for a child it can be much worse. It can be much harder to take in when these injuries have occurred as a result of someone else’s negligence.
Serious injuries can have a life-altering and traumatic effect on both the injured party and the injured party’s family. In a second, lives are completely altered and both recuperation and recovery can be extensive. In the case of a child, especially, serious injuries can be traumatic for both child and parents, particularly when there is a possibility that the child’s future may be affected by the injuries.
Pursuing child injury claims and child accident claims
We understand that pursuing your child injured at school compensation claims can be a truly traumatic experience and we’re available to assist you at every stage with your claim. We can help make the worry of pursuing a claim lighter so you can concentrate all your efforts on helping your child recover.
It may be that you need to make a claim for serious injury to a child not because you should but because it is necessary in order to make sure that any medical cost, both now and in the future. In these case’s funds from a claim will be there to make sure that the requirements of a child, whatever they are taken care of until they have recovered or, if needed, for the remainder of their life.
It is important to make sure that you have a valid case for making a claim for compensation for a child’s injury before you start the process. Our service begins with a confidential advice consultation that is free, to individuals who have experienced an injury, including cases for claims for child accident claims. We will be able to inform you whether we believe you have a valid case for compensation and if you do how you can proceed with child accident claims.
We always recommend that if you want to make a compensation claim it is better to start one as soon as you can, whilst the details of events are still clear in your mind and important details aren’t omitted. It is important that you gather any evidence that you can, this is crucial in backing up your claim.
The key to making sure that your claim for child injury compensation achieves its full potential is to contact a personal injury solicitor. A solicitor who specialises in this type of claims will be able to help get the maximum compensation payout possible for what can be a complex and often complicated type of claim.
Evidence that could help in child accident claims
If your child is injured in an accident caused by somebody else, you can make the claims process easier by gathering evidence. This needs to show who was responsible for the accident, how it took place and what injuries were sustained. To help achieve this you could:
- Collect photographs or videos of the scene of the accident. Ideally, this should happen as soon as possible and before anything has been moved away.
- Collect contact details of any witnesses who saw what happened.
- Ensure your child is treated by a GP or at a hospital as soon as possible. Their medical records are a great way of showing what injuries were sustained.
- Where the accident happened at a school, park or another public place, report it. By law, an accident report form should be filled in. A copy of this could be used to help confirm the date, location and time the accident occurred.
- Photograph any visible injuries and continue to do so during your child’s recovery.
Once you have as much evidence as possible, you could ask our advisors to review your case for you. We review child accident claims on a No Win No Fee basis and could appoint a personal injury solicitor to your case. If they accept the claim, your child will be represented on a No Win No Fee basis.
Settlements in child injury cases can be very dependent on the sort of accident that occurred, the levels of suffering and pain that have occurred and any prognosis for the future. It is difficult to put an estimated figure on a claim, especially in the beginning stages of a claim, and this can be the same whether it is a claim for an adult or a child.
No two claims will be the same, it might be that the accident that caused the injury was similar, but some people can heal much faster than others and suffering and pain can vary from person to person as well, even for the same injuries. Personal circumstances are also varied for child injury claims, with adults being more financially affected than minors, although again this will vary from case to case.
The table below gives an illustration of the types of compensation payouts that might be awarded for a claim relating to a child injury – a sort of child injury compensation calculator, so to speak.
These child personal injury settlements UK figures should be used as a guide only as payouts do vary from one case to another however they can be used to get a rough idea. These figures are set out by judicial guidelines to help when it comes to calculating amounts for compensation.
|Body Part||Severity||Amount of Compensation|
|Damage to the Brain||Very serious||£264,650 to £379,100|
|Damage to the Brain||Moderately serious||£205,580 to £264,650|
|Damage to the Brain||Modest||£40,410 to £205,580|
|Damage to the Brain||Head injury or minor||Up to £11,980|
|Injury to the Neck||Serious||£42,680 to £122,860|
|Injury to the Neck||Modest||£7,410 to £36,120|
|Injury to the Neck||Slight||Up to £7,410|
|Injury to the Shoulder||Very serious||£18,020 to £45,070|
|Injury to the Shoulder||Serious||£11,980 to £18,020|
|Injury to the Shoulder||Modest||£7,410 to £11,980|
|Injury to the Shoulder||Slight||Up to £7,410|
|Injury to the Arm||Serious||£90,250 to £122,860|
|Injury to the Arm||Less serious||£18,020 to £36,770|
|Injury to the Arm||Fracture to the forearm||£6,190 to £18,020|
|Injury to the Arm||Modest||Up to £11,820|
|Injury to the Hand||Serious||£27,220 to £58,100|
|Injury to the Hand||Less serious||£13,570 to £27,220|
|Injury to the Hand||Modest||£5,260 to £12,460|
|Injury to the Hand||Slight||Up to £4,461|
|Injury to the Leg||Extremely serious||£90,320 to £127,530|
|Injury to the Leg||Very serious||£51,460 to £85,600|
|Injury to the Leg||Serious||£36,790 to £51,460|
|Injury to the Leg||Modest||£26,050 to £36,790|
|Injury to the Leg||Less serious||£16,860 to £26,050|
|Injury to the Leg||Fracture to the leg or damage to the femur||£8,550 to £13,210|
|Injury to the Leg||Fracture to the tibia, fibula or damage to soft tissue||Up to £11,110|
|Injury to the Foot||Serious||£39,390 to £65,710|
|Injury to the Foot||Less Serious||£23,460 to £36,790|
|Injury to the Foot||Moderate||£12,900 to £23,460|
|Injury to the Foot||Modest||Up to £12,900|
We’re available to assist you with every stage of your personal injury or injury to a child claim. As your representatives, we will strive to make sure that you get a service that is tailor-made to you and makes sure that all your requirements are dealt with. We treat all our clients with the respect and courtesy they deserve. To us, you are not just a number. We understand that it is often very stressful making a personal injury or child compensation claim and we want to make sure that the claims process does not add to that stress.
We will always do our level best to make sure that your child accident claims reach the maximum potential they can and that you receive the compensation your child is entitled to. When we undertake a claim, you can rest assured that we leave no stone unturned in our effort to put together a case that is sound. We have many years of understanding that come from handling claims for personal injury. In fact, we specialise in this type of case.
If as a result of an accident that wasn’t their fault your child received an injury and you believe that they may be entitled to compensation then please get in touch with us for expert and professional advice. We can be contacted about child injury claims on 0800 073 8801.
If you prefer you could also use our contact us form to leave us your contact details and we will contact you. It is always a good idea to start your claim for child injury compensation whilst all the details are fresh in your mind.
The NHS provides lots of very helpful information on what you should do in the event of an accident happening to your child. It covers a variety of different accidents and also the type of medical assistance that might be required.
This checklist from the Health and Safety Executive details all the aspects of classroom safety that should be taken into consideration to help prevent an accident occurring.
Did someone else’s negligence result in your child’s knee injury? Read our guide for in-depth answers.
If you or your child experienced whiplash at a theme park or in a road traffic accident, read our guide.
You can read our guide to find out more about claiming when your child was hurt in a care-giving or educational setting.
Child Injury Claims and Child Accident Claims FAQs
Who pays the compensation in child injury claims?
If your child’s injury is found to have been caused by a third party, they or their insurance company would pay the compensation.
How do people start child injury claims?
You could get in touch with a solicitor. If you’re not ready, call our advisors for free legal advice with no obligation to proceed with our services.
What is the payout for pain and suffering?
Because the payout is partially judged by the severity of injuries, psychological damage and whether there’s a loss of amenity, it varies. Talk to our advisors for your own particular estimation.
What type of injuries can I claim for?
These cover any accidental injuries suffered by the child that they weren’t responsible for.
How are child personal injury claims funded?
These come courtesy of No Win No Fee agreements, which are also known as conditional fee agreements.
What are the two types of injury claims?
The two main damages are compensatory and punitive for a personal injury claim.
What is the difference between damages and compensation?
Damages are given for suffering an injury, whereas compensation relates to the loss of income and other expenses.
Which injuries are eligible for compensatory damages?
These include disfigurement, mental anguish, medical costs, long-term pain and suffering and loss of earnings.
Thank you for reading our guide to child injury claims and child accident claims.