Personal Injury Claims Involving Children

Compensation for your Child's Injuries

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.

Children in a Tree - Personal Injury Claims

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 very young.

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 freephone: 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.

Get In Touch

Adrian Fawden - Personal Injury and Occupational Illness Solicitor - London and Taunton

Adrian Fawden
Partner, Personal Injury

View profile