This guide aims to explore the child personal injury claims process. We will explore who could make a claim on behalf of a child, the time limits for starting a claim and the compensation that could be awarded following a successful claim.
Additionally, we will look at when a claim could be justified.
Furthermore, we will explore how a child could be injured in an accident and when someone else could have been liable.
Please continue reading for more information. Alternatively, you can fill out our online contact form with your enquiry.
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- The Child Personal Injury Claims Process
- When Could I Make A Personal Injury Claim For My Child?
- Child Personal Injury Settlements In The UK
- How Could A Solicitor Help With The Child Personal Injury Claims Process?
- Learn More About Child Personal Injury Claims
There are various ways in which your child could have been injured in an accident. For example:
- They may have injured themselves on a faulty piece of equipment in the playground park or at school.
- They may have sustained a broken arm in a minor car accident.
- They may have slipped and fell at work as a young worker due to a wet floor not having any proper signage.
However, not all accidents will form the basis of a valid claim. In order to be eligible to seek compensation, it must be proven that negligence occurred. Negligence involves:
- Someone owing a duty of care
- Someone breaching the duty of care they owed
- You sustaining harm as a result of the breach.
If negligence occurred, you may be able to make a claim on your child’s behalf. To learn more about making a personal injury claim for a child, continue reading.
You may be wondering ‘how do I go about making a personal injury claim on a child’s behalf?’. You can apply to the courts to act as a litigation friend.
A litigation friend acts on behalf of the child, such as making decisions about the claim. However, they must be appointed by the courts as they need to have the child’s best interests at the forefront of the decisions they make.
If compensation is awarded, the money is held in a Court Funds Office account until the child turns 18. The litigation friend has responsibilities for this account. We will explore this in more detail later on in our guide.
To learn about child personal injury settlements, please continue reading. Alternatively, get in touch with our team to learn more about the child personal injury claims process.
Child personal injury settlements could be comprised of up to two heads of claim. For example, general damages and special damages. Each seeks to compensate for the different ways in which the injuries have affected the injured person’s life.
General damages compensate for the pain and suffering caused by the injuries sustained and take into account the impact on the person’s quality of life.
Legal professionals can use different resources to help them value this head of claim, including medical evidence and a document called the Judicial College Guidelines. These guidelines contain guideline compensation amounts for different injuries.
You can see examples of these in the table below. However, as each settlement is unique, the figures should only be used as a guide. Additionally, the JCG only applies to claims made in England and Wales.
|(b) Moderately Severe
|£219,070 to £282,010
|(a) Severe (i)
|In the region of £148,330
|£96,160 to £130,930
|(a) Severely Disabling
|£39,170 to £54,830
|(b) Moderate (i)
|£27,760 to £38,780
|(c) Less Serious (i)
|£17,960 to £27,760
|£12,770 to £19,200
|Up to £13,740
|Up to £13,740
|£5,720 to £13,280
Special damages compensate for the financial losses caused by the injuries sustained. These can include care costs, medical expenses and the cost of adaptations to the home.
Evidence is needed to claim these costs back, such as receipts and invoices.
For more information on claiming accident compensation throughout the child personal injury claims process, get in touch.
What Happens To Children’s Compensation?
As part of the child accident claims process, compensation from a successful claim is held in a Court Funds Office account until the child turns 18.
The litigation friend is responsible for ensuring the contact details are up to date as well as applying for payments on behalf of the child. They will also receive statements and tax records.
These responsibilities end once the child has turned 18 and the compensation will usually be transferred to the child after they have turned 18.
For more information on what happens to children’s compensation, get in touch.
A solicitor could provide several services such as:
- Helping to gather evidence to support the claim
- Keeping you updated at the different stages of the claims process
In some cases, they could offer their services on a No Win No Fee basis by offering a Conditional Fee Agreement. This means you won’t be expected to pay them for their services should the claim fail.
For successful claims, your solicitor will take a percentage of the compensation. However, this is capped by the law. The percentage is known as a success fee.
To learn more about how a child injury lawyer could help, get in touch.
We hope this guide on the child injury claims process has helped. However, if you have any other questions, please get in touch by filling out the online contact form.
Please find some additional resources below that you may find beneficial.
- NHS – When To Call 999
- GOV – Compensation After An Accident Or Injury
- GOV – Get Court Funds Money When You Turn 18
- An Overview Of Disability Discrimination Law
- Child Head Injury Claims – What You Need To Know
- Advice on Disability and Child Support Law
For more information on the child personal injury claims process, get in touch using the details provided.