Child Injury Claims
Accidents involving children are very common ranging from
slips, trips and falls to
birth injuries. Child injury compensation claims are
a specialist area of
personal injury law and there are special Court rules that
apply during the claims process.
Simpson Millar LLP has steadily broadened its client base. The personable Adrian Fawden heads up the team, which was strengthened in 2012 by the addition of 'very experienced' catastrophic expert Warren Collins.
Legal 500 2012
Who can Claim?
Usually a parent or guardian will represent the injured child.
When can a claim be made?
- An adult has 3 years from the date of injury to
issue a Claim Form
- Children have 3 years from the date of their 18th birthday
to issue a Claim Form
- Therefore if a potential claimant was a baby or infant at the time of injury,
no formal legal action need be taken until their 21st birthday. We do not recommend
waiting this long, as with all personal injury claims it is usually advisable to
seek legal advice as soon as possible
The reason why the 3 year limitation period does not start to run until a person
reaches the age of 18 is because it is not always possible to be sure what the long
term physical or indeed psychological consequences will be whilst they are still
For example a child’s schooling or educational development may have been interrupted
by a serious injury, the full significance of which is not always apparent for several
years until exams are taken.
What if the child was partly at fault?
Children are naturally inquisitive and often slow to recognise danger that would
be obvious to an adult. The law recognises this.
For example the occupier of a building or area of land where children are known
or can be tempted to play, has a particular duty to ensure that as far as possible
the premises are made safe for children. In the case of a building site adjoining
a playground this could mean taking extra precautions to ensure the site is secure.
What happens to the compensation money?
Usually any compensation paid to a child will be invested in
a Court approved fund until they reach the age of 18.
If a child has urgent care or medical needs their compensation
money will still be invested in a special trust fund, however
part of these funds can be released by the trustees when they are needed.
How much will it cost?
- All our work is on a "no win no fee" basis
- If you are a member of a trades union the union legal scheme may enable you to claim
on your child’s behalf
- If the claim elates to medical or clinical negligence, you could be eligible for
Community Legal Funding in certain instances
How do I make an enquiry?
Please complete our online enquiry form
or call our personal
injury solicitors on 0808 129 3320. We are a
nationwide law firm with specialist solicitors in all of our offices.
We are members of APIL and The Law Society Personal Injury Panel. We will give you
straightforward practical advice.
Disclaimer: No information on this website shall be construed as
legal advice and information is offered for information purposes only. You should
always seek advice from an appropriately qualified solicitor on any specific legal
enquiry. Calls to or from our legal helpline may be recorded for training and monitoring
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