Children’s Injury Claims

Children can be accident-prone—but that doesn’t mean every injury is their fault. In fact, if your child gets hurt as a result of someone else’s negligence, you have every right to make a personal injury claim and hold the negligent party responsible.

The most common child-related accidents include: 

• Schools: School-related accidents are common, whether due to slipping in the playground or not receiving enough attention to prevent injuries. 
• Playgrounds: Playgrounds should be safe for children, but poor maintenance, broken equipment, and a lack of attention to detail can cause injuries. Many parents choose to make a playground injury claim, which provides vital financial support.
• Shops: Supermarkets and shops can also lead to child accident claims, with common injuries caused by a lack of warning signs or poor maintenance. 
• RTAs: Children can suffer life-changing injuries during collisions, but making a road traffic accident compensation claim can hold the negligent party accountable.
• Dog Bites: No child should suffer the physical and psychological damage that comes from an unprovoked dog attack, but many do. The injuries sustained from these attacks can cause scarring and – in worst-case scenarios – permanent disfigurement.

When you claim compensation on behalf of someone else, the process is different. Firstly, you’ll have to be the child’s parent or legal guardian and prove that there’s a case. As with all claims, your case will only succeed if you prove negligence. 

All compensation claims have one thing in common: they intend to recover any money that may have been lost as a result of the injury and to compensate for any pain and suffering. 

Compensation will also be calculated to account for any impact the injuries might continue to have in the future. This can range from:

• Simple expenses to cover the cost of things such as travel or prescriptions
• Make up for a loss in earnings both now and in the future
• In the most extreme cases, the money which has to be spent on providing care for the rest of the person’s life

If you’re considering making a compensation claim on behalf of your child, you can speak to an adviser for free on 0800 234 6438 or fill in one of the online claim forms on this page to request a call back.

Making a claim for compensation can feel like a huge step, particularly if you are claiming on behalf of your child. In the majority of other compensation claims for personal injury, there is a strict time limit, which is generally three years from the date that the accident happened. You won’t be able to make a claim after this time period—however, when a child is injured, this rule does not apply.

A person under 18 cannot pursue a compensation claim, so the law says that the three-year limit only comes into effect once they turn 18. At this point, they can bring their own claim if they wish to. However, it also states that a parent or guardian can launch a claim on the child’s behalf at any point before they turn 18, acting as what is known as a ‘litigation friend’.

There are various circumstances in which someone might be unable to pursue their own claim, and in the case of a child, this invariably means a close relative or guardian fighting for compensation on their behalf. In the eyes of the law, a child is regarded as ‘lacking capacity’ to represent themselves—this means that a parent, guardian, or other responsible adult must act as a litigation friend on their behalf.

Every school in the UK is different and has different parties responsible for the health and safety of children, visitors and teachers at that school. It can be challenging to know who you’ll be claiming against if your child has been involved in an accident at school and to whom to write a complaint letter if you choose to do so. Under health and safety law, the “employer” is ultimately responsible for the safety of the environment within a school. Being accountable, they would be the party liable in any compensation claim, and the Health and Safety Executive breaks down the educational system into the following groups:

• The local authority is responsible for community schools, community special schools, voluntary controlled schools, maintained nursery schools, and pupil referral units.
• The governing body is responsible for foundation, special, and voluntary-aided schools.
• The proprietor is responsible for independent schools.
• The head teacher and governors are responsible for independent academies.

The Children Act 1989 is a piece of legislation that determines whether a third party has treated your child in a manner that might be regarded as negligent, which has led to the child’s injury. The third party in question could be:

• A teacher
• Nursery nurse
• Medical practitioner
• Anyone else deemed to have accepted a duty of care towards your child

Under the Act, an individual carer should adopt the principle known as ‘in loco parentis’ which means that they should behave in the manner of a ‘reasonable parent’. Of course, defining ‘reasonable’ behaviour may seem to be a tricky concept, but it is usually fairly clear to a parent when such behaviour has been absent.

If your child is injured in a public place such as a shop, playground, or public footpath, a combination of legislation, including the Health and Safety at Work Act 1974 and the Occupiers Liability Act 1957 cover this situation.

It seeks to solve the question of who should be responsible for a safe environment for anyone using these spaces, including your child. In all cases, the measures taken must be ‘reasonable’; if these standards are not met and your child is injured, you have every right to start a claim.

You can help strengthen your child’s claim by providing evidence such as:

• Photographs of your child’s injuries and the scene where your child was injured. If you can’t take photos immediately, that’s understandable. 
• A note of names and contact details of any potential witnesses. They’ll be able to support your child’s personal injury claim by providing a detailed account of what happened. 
• A written account of what happened and how the injury has affected the life of your child and your family. 
• Details of medical treatment and records to highlight the ongoing problems associated with your child’s accident. 
• Financial records that detail losses of earnings from staying away from work to care for your child, travel costs and anything else. 

Your solicitor will also arrange for your child to be examined by a medical expert who will produce an official report outlining the cause of the injuries and what impact they have had on your child’s life.

Personal injury solicitors will work hard to negotiate a settlement with the party responsible for your child’s injuries. However, the law states that no compensation settlement involving a child is valid without the court’s approval. If you agree to settle the claim with the party responsible, you might have to attend an informal infant approval hearing with your child and solicitor. The judge will consider the evidence and decide whether the amount of compensation agreed satisfactorily compensates the child for their injuries.

Any compensation awarded to the child will be paid directly to the court and kept in trust for the child until they reach the age of 18. This ensures that the compensation awarded is used solely for the claimant’s needs.

In some circumstances, where the compensation amount is smaller, the money can be paid to the child’s parent or guardian on behalf of the child. The parent or guardian can also write to the court asking for some funds to be released if the child needs something specific while still under 18.

The compensation your child receives will depend on the severity of their injuries and their impact on them and the family. It could, however, include damages for pain and suffering and money to cover out-of-pocket expenses suffered as a result of the injuries, such as medical expenses, travel costs, future treatment and care, and loss of future earnings.

The payments awarded for child personal injury claims depend on the extent of your child’s injuries. However, it can help to know what you might receive, so here are some average amounts: