Child Accident Claims – A Guide To Claiming Compensation How Much Can I Claim?

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.

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A guide to how much compensation you might be able to claim for a child injury

Statistics produced by the government indicate that there is a frequent lack of reporting surrounding those incidents where children sustain injuries that were not their fault. 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.

Data published by HSE indicates that there are around 35,000 accidents that occur during the school day and on school property. Most of these accidents involve trips, slips and falls and some have led to broken arm at school compensation and other types of damages that have had to be paid out. It is interesting that we do not really think of personal injury in respect of children’s accidents, yet we do with many of the adult accidents that result in injury/ies.

child accident claim

child accident claim

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 a child 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.

The majority of people are uncertain whether that 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. 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.

Is there a time limit on making a child injury claim?

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. 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.

Before a child turns 18 a parent 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 in place or because of someone else’s negligence then there may be a case for making a claim for compensation.

When a child injury occurs, who might file a claim?

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 as it is 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 though 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 a claim 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.

What can you claim for in the case of child injury?

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 of the amount of the compensation payment.
  • Special damages – In a personal injury claim for an adult these damages consider factors such as financial impact on the person for example 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.

No Win, No Fee, compensation claims for child injuries

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 case 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. 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/ies 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 those cases we are sure will be successful.

Under what circumstance can a parent claim compensation for a child injury?

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 – A claim of this nature is almost always because a traffic incident. child whiplash claim most always results 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 – there is a growing concern over children who are injured at school because of the improper implementation of safety measures. If your child is injured at school, you are bound to have questions. Due to health and safety issues in schools it has been reported that many children have had broken bones, been injured through slipping, and even suffered severed fingers. The main causes of child injuries sustained at school are attributed to climbing frames, PE equipment and wet floors. 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, a number of which are as a result of lack of appropriate supervision; in these circumstances it can be hard to get an explanation. The Child Act 2006 states very clearly that no matter what their age or the setting 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 are becoming more popular with new ones being opened all the time, 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 equipment is not properly maintained and proper attention is not paid to health and safety, then children can be injured. Playground accidents statistics UK show how these types of accidents can cause trauma and financial loss to not only the child but its immediate family.
  • 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.

What happens to compensation paid to children?

Settlements for personal injury involving children are required to undergo an “Infant Approval Hearing”, this is different to 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’ is that any compensation payment made to a child is placed in a trust fund where it is kept upto the child’s 18th birthday. This ensures that the compensation 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. If this money is required, the child’s guardian or their parent must contact the court in writing to request the release of funds.

How do you make a claim for a severe injuries for a child?

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 affect 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. 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.

What should you do if you have to claim compensation for an injury to a child

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. Evidence might include photographs of the accident and any injuries so that these details are recorded and cannot be disputed.

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 pay-out possible for what can be a complex and often complicated type of claim.

What amount of compensation might my child be awarded in respect of their injury?

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, 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 pay outs 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 pay outs 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 PartSeverityAmount of Compensation
Damage to the brainVery serious From £214,350 - £337,700
Damage to the brainModerately seriousFrom £166,500 - £235,790
Damage to the brainModestFrom £35,760 - £114,100
Damage to the brainHead injury or minorFrom £1,675 - £10,870
Injury to the NeckSeriousFrom £42,550 - £124,030
Injury to the NeckModestFrom £10,450 - £20,900
Injury to the NeckSlightFrom £1,000 - £10,450
Injury to the ShoulderVery seriousFrom £14,600 - £40,150
Injury to the ShoulderSeriousFrom £9,700 - 16,060
Injury to the ShoulderModestFrom £6,000 - £10,670
Injury to the ShoulderSlightFrom £1,000 - £6,600
Injury to the Arm(s)SeriousFrom £73,100 - £109,450
Injury to the Arm(s)Less seriousFrom £14,600 - £32,780
Injury to the Arm(s)Fracture to the forearmFrom £5,000 - 16,060
Injury to the Arm(s)ModestNo more than £9,575
Injury to the Arm(s)SlightNo more than £10,530
Injury to the Hand(s)SeriousFrom £47,050 £24,260
Injury to the Hand(s)Less seriousFrom £11,000 - £24,260
Injury to the Hand(s)ModestFrom £4,100 - £11,110
Injury to the Hand(s)SlightFrom £700 - £3,630
Injury to the Leg(s)Extremely seriousFrom £73,150 - 113,580
Injury to the Leg(s)Very seriousFrom £41,675 - £70,700
Injury to the Leg(s)SeriousFrom £29,800 - £45,840
Injury to the Leg(s)ModestFrom £21,100 - 32,780
Injury to the FootLess seriousFrom £13,650 - £23,210
Injury to the FootFracture to the leg or damage to the femurFrom £6,925 - £11,770
Injury to the FootFracture to the tibia, fibula or damage to soft tissueNo more than £9,900
Injury to the FootSerious From £31,900 - £58,520
Injury to the FootLess SeriousFrom £19,000 - £32,780
Injury to the FootModestFrom £10,450 - 20,900
Injury to the FootSlightNo more than £11,500

Why should you pick us to help with your compensation claim?

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 claim reaches the maximum potential it can and that you receive the compensation your child is entitled to. When we undertake a claims case 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.

Contact us for free no obligation advice and to begin a claim

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 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.

Helpful Links

 

Baby and pregnancy accidents – NHS what to do

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.

Children’s playground guidance

This report for the Health and Safety Executive discusses the risks and benefits that should be taken into consideration when creating a children’s playground.

Safety list for classrooms

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.