This guide aims to explore the child head injury claims process by looking at:
- Who can make a head injury compensation claim on behalf of a child?
- When could a personal injury claim be justified?
Additionally, we will explore the compensation that could be awarded following a successful claim.
For more information, continue reading. Alternatively, you can send your enquiry by filling out our online contact form.
Select A Section
- What Are Child Head Injury Claims?
- Can I Claim Compensation For A Head Injury On Behalf Of My Child?
- How To Make Child Head Injury Claims
- Head Injury Claims Payouts
- Can I Use A No Win No Fee Solicitor?
- Learn More About The Child Head Injury Claims Process
What Are Child Head Injury Claims?
There are various scenarios in which a child could injure their head. For example, an employee under the age of 18 might slip at work and hit their head as they fall. Alternatively, a child could fall off a faulty piece of equipment in a public playground and sustain a minor head injury. Or, a child could sustain a more severe head injury in a road traffic accident involving a drunk driver. In other circumstances, there could be a child who has a head injury at school. If the injury is sustained due to someone else’s negligence, a claim could be made on their behalf.
Generally, there is a three-year time limit to start a personal injury claim. However, there is an exception for children under the age of 18. In this instance, the time limit is frozen, during which time an application can be made to the courts to act as a litigation friend and start a claim on behalf of the child. However, if no claim is made on their behalf, they will have three years to begin their own claim from the date of their 18th birthday.
If you would like to find out more about the child head injury claims process, get in touch. Alternatively, continue reading to learn about what constitutes negligence in the following section.
Can I Claim Compensation For A Head Injury On Behalf Of My Child?
In order for a claim to be valid, the following criteria must be met:
- Someone owed a duty of care
- They breached their duty of care
- Either physical or psychological harm was sustained as a result of the breach.
There are various scenarios in which a third party may have owed your child a duty of care. For example:
- Employers owe a duty of care under the Health and Safety at Work etc. Act 1974 to remove or reduce the risk of employees sustaining harm in the workplace. As part of this, they are responsible for managing the risks to young workers and may be required to carry out specific risk assessments. The duty of care set out in HASAWA for employers also extends to teachers working in schools. As such, they owe their pupils a duty of care under this piece of legislation.
- The person in control of a public space owes a duty of care under the Occupiers’ Liability Act 1957 to ensure the reasonable safety of those visiting the space and using it for its intended purpose.
- Road users, under the Road Traffic Act 1988, have a duty of care to behave in a way that reduces the risk of others sustaining harm whilst navigating the road. Additionally, the Highway Code sets out guidance and rules, some of which are backed by law elsewhere, for different road users.
For more information on seeking compensation for a head injury on behalf of your child, get in touch with our team. They can provide further guidance on the child head injury claims process. Alternatively, continue reading to learn more about the steps that can be taken after an accident has caused your child harm.
How To Make Child Head Injury Claims
There are several steps you could take after your child has been injured in an accident. For example:
- Put forward an application to claim on their behalf as a litigation friend.
- Gather evidence to support the case, such as witness contact details, pictures of the accident and injuries and copies of medical records.
- Seek legal advice about making a head injury compensation claim.
By seeking legal advice, you can understand how a No Win No Fee solicitor could benefit you. A solicitor can help you gather evidence to support your claim and help you better understand the child head injury claims process. Get in touch for more information.
Head Injury Claims Payouts
Following a successful claim, the settlement awarded could comprise general and special damages. General damages compensate for the pain and suffering caused by any physical or psychological injuries sustained. Consideration is also given to how the injuries may have affected your child’s quality of life.
To accurately calculate this head of claim, solicitors and other legal professionals can use the Judicial College Guidelines (JCG) to help them alongside medical evidence. The JCG is a document that contains guideline compensation brackets corresponding to different injuries.
We have included some of these in the table below. However, you should only use these figures as a guide because the sum you’re awarded after a successful claim could differ to what’s listed in the table.
| Injury | Severity | Guideline Amount |
|---|---|---|
| Brain damage | (a) Very Severe | £282,010 to £403,990 |
| Brain damage | (b) Moderately Severe | £219,070 to £282,010 |
| Brain damage | (c) Moderate (i) | £150,110 to £219,070 |
| Brain damage | (c) Moderate (ii) | £90,720 to £150,110 |
| Brain damage | (c) Moderate (iii) | £43,060 to £90,720 |
| Brain damage | (d) Less Severe | £15,320 to £43,060 |
| Brain damage | (e) Minor | £2,210 to £12,770 |
Special damages may also be included in the settlement awarded. This head of claim compensates for the financial losses incurred as a result of any injuries sustained. For example:
- Loss of earnings, past and future
- Cost of care for your child
- Home adaptations
However, evidence will be required when claiming these costs back under special damages, such as payslips, invoices and receipts.
The compensation awarded will be put into a Court Funds Office account for your child. As a litigation friend, you can apply to have funds released but these must be for the benefit of the child.
To learn more about claiming compensation for a head injury on behalf of your child, get in touch.
Can I Use A No Win No Fee Solicitor?
A No Win No Fee solicitor could offer their services under a type of arrangement known as a Conditional Fee Agreement (CFA). As per this agreement, you are not expected to pay for the services your solicitor provides if the claim is not successful.
However, if the claim is successful, your solicitor will deduct a percentage from your compensation. This is known as a success fee and has a legal cap.
For more information on working with a solicitor on this basis, get in touch using the details provided below.
Learn More About The Child Head Injury Claims Process
We hope this guide on the head injury claims process has helped. However, if you need any other information, please don’t hesitate to contact us via the form on our website.
Other Resources
This section contains useful external links that could help you.
- NHS – First Aid
- GOV – Compensation After An Accident Or Injury
- Health and Safety Executive – Young People At Work
- A Guide To Child Personal Injury Claims
- An Overview Of Disability Discrimination Law
- Advice on Disability and Child Support Law
Thank you for reading about the child head injury claims process. For more information, get in touch.