Child Injury Claims – How Much Compensation Could I Claim?

It’s a fact of life that children have accidents. Therefore, schools, businesses, and other organisations should take extra care to keep children safe from injury. If they don’t, and an accident happens, parents may be able to make a child injury claim for compensation on behalf of their child.

In this guide to child injury claims, we’ll explain how the litigation friend process works when claiming compensation for a child. We’ll also look at common accidents that lead to compensation claims and how much compensation might be awarded.

If your child has been injured at school, in a shop, when using a public playground, or in any other situation, we could help you claim. Our team of claims advisors provide free legal advice during a no-obligation telephone consultation. If your claim has a reasonable chance of success, we’ll pass it to one of our specialist personal injury solicitors, who will represent your child on a No Win No Fee basis.

For free legal advice on child personal injury claims, please call us on 0800 6524 881. If you’d like more information on how the child injury claims process works before you reach out, please read on.

Am I Eligible To Make A Child Injury Compensation Claim?

To determine whether a child injury claim is possible, your solicitor will need to establish that:

• Your child was owed a duty of care by the defendant; and
• That duty was breached when a negligent act led to an accident; and
• Your child was made ill or suffered an injury because of the accident.

Schools and businesses have a responsibility to protect children by conducting regular risk assessments. When dangers are identified, steps should be taken to reduce them, such as installing safety barriers, providing training, locking doors, or removing the danger entirely. If these safety measures are not taken and your child is injured as a result, you could seek damages.

Common Causes Of Child Injury Claims

Children can get injured in many ways, but to give you an idea of the kinds of accidents that could lead to a child injury claim, here are some common examples:

• Road Traffic Accidents (RTAs). If your child is hit by a vehicle while crossing the road, or if a child is involved in a car accident as a passenger, a claim might be possible.
• School accidents. Any accident in school caused by negligence could result in a personal injury claim. For example, you could claim if your child’s fingers are fractured by a broken chair. Accident claims are also possible for injuries sustained while on a school trip.
• Playground accidents. You could claim against the local authority if your child suffers injuries in a public playground. A claim might be possible if the accident was caused by damaged equipment, broken furniture, or missing safety tiles etc.
• Slips, trips, and falls. These can happen just about anywhere. An example might be where injuries are sustained after tripping and falling on loose carpet tiles that should have been repaired.
• Shop accidents. In recent years, there have been reports of injuries in shops from signs or furniture falling onto children. In that scenario, you could claim if the falling item was not secured properly.
• Dog bites. Dog bites are unfortunately all too common in children. You could claim compensation if your child has been bitten by a dog due to the owner’s carelessness or negligence.
• Sports injuries. Injuries during school sports or organised activities could lead to a claim if poor supervision or faulty equipment contributed to the accident.
• Defective products. If a child is injured by a faulty toy or product that malfunctions, a defective product claim could be made against the manufacturer or retailer.

These are just a few examples of accidents that could lead to a child injury claim. Whatever has happened to your child, if you’d like to discuss your options with a personal injury solicitor, please don’t hesitate to contact us today.

Common Injuries To Children You Could Claim For

There are many different injuries to children that could lead to a claim. While we won’t list them all, here are some common examples:

Although children generally recover from accidents more quickly than adults, you could also claim for any psychological damage caused by the incident. For example, if your child becomes too afraid to visit the park after the accident, this fear could be considered when calculating compensation.

How Much Compensation For Child Injury Claims?

If we could provide an accurate estimate of how much compensation you could claim for your child’s injuries, we would do so. However, given the variety of injuries and the many ways a child can be affected, it isn’t possible to provide an exact figure without knowing the specifics of your case. Therefore, your solicitor will need to review everything that has happened before they can provide a settlement estimate.

When calculating compensation for a child injury claim, there are two main heads of loss that your solicitor will base the settlement on:

• General damages. This covers the pain and suffering your child endured as a result of the accident. It also includes loss of amenity, which refers to how the injury has impacted their ability to enjoy life. For example, if your child can’t communicate with friends via their phone or games console due to broken fingers, this could be factored into the claim.
• Special damages. These cover the financial impact of the accident. You could potentially claim for:
  • Damage to personal property;
  • Private medical treatment; and
  • Travel expenses.

In addition, special damages might cover rehabilitation costs, counselling for any psychological trauma, or even home adaptations if your child’s injury requires changes to your living environment.

During the claims process, an independent medical expert will assess your child’s injuries. This assessment will help establish the severity of the injury, the treatment required, and any long-term effects. Once their report has been filed, your solicitor will be able to provide a more accurate compensation estimate based on the evidence.

For more information, our guide explains the differences between general and special damages in greater detail.

Child Injury Compensation Calculator

To give you an idea of how much compensation your child could receive, our child injury compensation calculator focuses on general damages. These figures are meant to reflect the pain and suffering your child has endured due to the accident.

Below, you’ll find a range of injuries and compensation levels that may help give you an idea of what your claim could be worth:

Please note that the compensation calculator is a guide and only accounts for general damages. It does not include special damages. Additionally, while the calculator offers helpful estimates, we cannot guarantee that, should your child’s injury claim be successful, the actual settlement will match the amounts listed.

Evidence To Support A Child Personal Injury Claim

Even if the defendant admitted liability for your child’s accident at the time it happened, you should still collect evidence. That’s because once the claim is passed to an insurance company, they’ll want proof of what happened despite what their client said when the accident occurred. Therefore, if your child is injured in a no-fault accident, evidence that could be used during your child’s injury claim includes:

• Photos. Taking pictures of the accident scene is a great way to show what happened. Ideally, it is best if you can take a photo on your phone before anything is moved.
• Witness details. If the party responsible for the accident denies liability, having witnesses who saw what happened could help.
• Accident reports. Schools, businesses, and many other organisations must keep an accident report book and document all incidents. Therefore, you should report the accident and ask for a copy of the report.
• Medical notes. You should not only rely on first aid if your child is injured. Take them to A&E, your GP, or a minor injuries clinic for an assessment. That way, your child’s injuries will be treated correctly. Later on, copies of their medical records could be requested to prove the extent of their injuries.
• CCTV footage. Where an accident is captured on camera, you should request a copy of CCTV footage. You should do this quickly as CCTV, body-cam and dash-cam files are often deleted quickly.
• Diary of symptoms/impact. Keeping a diary that details how the injury has affected your child, including missed school days or changes in behaviour, can help when calculating compensation.
• Receipts and financial records. Track all expenses related to your child’s injury, such as travel to medical appointments or treatment costs.

Depending on the circumstances, it may not always be possible to get all the details that are required. This should not deter you from going ahead and filing a child personal injury claim. Just take whatever details and information you have been able to gather and get in touch with our experienced personal injury solicitors.

They have vast experience in handling all types of cases and will advise you as to the best way to proceed. They will also help in making further enquiries and obtaining more information.

Time Limit For Child Injury Claims

Unlike adult personal injury claims, compensation claims for children do not follow the usual 3-year time limit. You can file a claim on behalf of your child at any point before they turn 18. If the litigation friend process (explained further in the next section) isn’t used before then, the child will have up to their 21st birthday to file the claim themselves.

Even though the time limit is extended, it may be better to pursue a compensation claim on your child’s behalf as soon as possible. This is because it’s often easier to clarify events and gather important evidence when the details are still fresh in your memory and those of any witnesses.

How The Litigation Friend Process Works

As children cannot represent themselves legally, claims must be handled by a responsible adult. The litigation friend process allows parents, guardians, relatives, and others to represent a child claimant if they qualify.

The process requires the litigation friend to make decisions with the child’s best interests at heart. It means that you’ll deal with solicitors and others involved in the claim.

Once you’ve signed the paperwork, the child injury claims process will be handled normally. The main difference is that if any compensation is awarded, the amount paid will be reviewed by a court to ensure it compensates the child fairly.

The funds will be managed by the court until the child turns 18 years old but the litigation friend can write to the court and request money when it will benefit the child.

Do I Need A Solicitor To File A Child Injury Claim?

If your child was injured at school, in a car accident, in a shop or in a school playground, it’s important to note that any claim is likely to be passed to an insurance company. They will not compensate your child unless it is demonstrated that their client caused the accident and was responsible for your child’s injuries.

Even though using a solicitor isn’t a legal requirement, we believe that you are more likely to a) win the claim and b) be compensated fairly if you have a personal injury solicitor on your side.

Our personal injury solicitors will do all they can to achieve the maximum level of compensation for your child if the claim is taken on. They’ll manage all communication with the insurer for you, provide regular updates, and answer any questions you think of while the claim is being processed.

Importantly, all child injury claims are processed by our solicitors on a No WIn No Fee basis. Therefore, there’s no need to pay anything upfront, and nothing to pay if the claim is unsuccessful.

Starting The Child Injury Claims Process

If you’d like to talk to us about starting the child personal injury claims process, call us today on 0800 6524 881.

Alternatively, a callback can be arranged for a suitable time by filling in one of our callback forms, or you can speak with a claims advisor immediately via our live chat.

Your case will be reviewed right away and you’ll receive free legal options. Remember, any child injury claim that’s taken on will be managed by a No Win No Fee solicitor.