When a child is injured in an accident, families are often focused, rightly, on recovery and rehabilitation. Legal claims may feel like a secondary concern. Fortunately, the law recognises this, offering additional time to bring a claim on behalf of a child. However, delaying legal action can present its own challenges, especially when it comes to recalling the details of how the accident occurred. A recent case handled by our team illustrates these difficulties clearly.

The law: Time limits and children

In the UK, the standard time limit for bringing a personal injury claim is three years from the date of the accident. However, where the injured party is a child (under 18), this three-year period does not begin until their 18th birthday. This means a claim can potentially be brought at any time up until the child turns 21.

This rule is designed to protect children and give families breathing space during what is often a difficult time. It also provides young people the opportunity to make their own decisions about pursuing a claim once they reach adulthood.

But just because the law allows for delay doesn’t mean it’s always wise.

Why delaying can be risky

Evidence fades. Memories blur. Witnesses move away. These issues are central to proving what happened, and when liability is denied, they become even more critical.

Take * Sarah’s case as an example.

A real case: The importance of early evidence

Sarah, a young girl from Doncaster, was injured while crossing a local road on a Saturday afternoon.

She waited for a car to stop before beginning to cross. But as she stepped into the road, the driver reversed and ran over her left foot.

There were no independent witnesses to the accident. The defendant denied responsibility, claiming they were moving forward slowly and that Sarah had run out between parked cars. The two accounts didn’t match – but crucially, there was no third-party witness to confirm what really happened.

Ordinarily, if a pedestrian is run over while a car is reversing, the presumption would be that the driver was at fault, particularly if they failed to properly check mirrors or look behind. But because of the passage of time, and Sarah’s young age at the time of the accident, she couldn’t clearly recall how the incident happened. And without strong evidence, the burden of proof, which lies with the claimant, became harder to meet.

Despite medical evidence of soft tissue injuries, scarring, and psychological trauma lasting over two years, liability was never admitted. Legal proceedings had to be issued, and only then was a settlement reached and approved by the court.

A warning about delay

This case underlines a key point: while the law gives children extra time to bring a claim, the practical difficulties of delay can’t be ignored. Without prompt action, vital evidence can be lost, witnesses forgotten, and opportunities missed.

That doesn’t mean rushing to court. But it does mean speaking to a specialist personal injury solicitor early, ideally while memories are still fresh and records are still available.

As Katrina Elsey, personal injury specialist, put it:

“I'm pleased to have successfully concluded this legal claim on behalf of the young pedestrian whose foot was run over by a car. This was a preventable road traffic accident. It serves as a reminder of the responsibilities all drivers bear, especially in areas where children are likely to be present. A moment’s inattention behind the wheel can result in severe consequences for the most vulnerable road users.”

In summary

• Children have until age 21 to bring a personal injury claim
• However, evidence and recollection can degrade over time
• Getting legal advice early can make all the difference in proving liability
• Even when the law gives you time, don’t let time work against your claim

Need legal advice?

If your child has been injured in an accident and you’re unsure of your legal options, don’t hesitate to reach out. Early advice can preserve your right to claim and improve your chances of success. Call 0800 138 0458 or email help@switalskis.com

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* not the child’s real name - changed at parents request