If a child is injured in an accident caused by someone else's negligence, you may be able to make a compensation claim on their behalf. Child injury claims involve extra safeguards for the injured child, so the process differs in several ways from an adult claim. An adult usually manages the claim, the court must approve settlements, and different time limits apply. However, the rules about when you can claim are similar to a compensation claim for an adult.

The experts at Switalskis specialise in child injury claims and working with parents to support their children following life-changing accidents. In this blog, we explain who can make a claim on behalf of a child, when a claim must be made, how personal injury compensation supports recovery and how compensation can meet your child’s future needs.

When can you make a child accident claim?

You can generally claim compensation for an accident that occurred because another person or organisation failed to take reasonable care. This is referred to as negligence. To show that a child's injury was caused by negligence and make a personal injury claim, we must establish that the following conditions are met:

• Duty of care: the person or organisation owed the child a duty to take reasonable care.
• Breach of duty: they failed to meet the standard expected of them.
• Causation: that failure caused or materially contributed to the child's injury.

Child injury claims can cover minor injuries or serious harm. This will affect how much compensation your child may receive, because damages aim to put your child into the position they would have occupied if the accident hadn't happened, as far as possible. However, this does not affect your right to claim, provided the injury was caused by another party’s breach of duty.

It can help to consider some common examples of circumstances in which it might be possible to claim on behalf of a child. While this is not an exhaustive list, and injuries sustained in these circumstances won't always entitle you to claim, it illustrates the ways that negligence can lead to an accident and mean that someone is legally accountable.

• Road traffic accidents: A child may be harmed as a passenger, pedestrian or cyclist. If another driver was negligent, a personal injury claim may be possible, even in cases where a parent was driving.
• Accidents at school or nursery: Child accident claims can be made when a child is injured due to unsafe premises or inadequate supervision. Schools and nurseries must take reasonable steps to protect children in their care and, if they fail to do so, they may be considered negligent.
• Accidents in public places: A child might suffer injury on unsafe play equipment, in a shop or at a leisure centre. Responsibility depends on the risks and precautions involved, but may lead to a claim.
• Defective products: Unsafe toys, faulty equipment and defective products can cause injury.

Speak to the team at Switalskis for advice on whether you can claim and what the legal process will involve. We specialise in child injury compensation and can make sure that any claim involving children takes account of their full future needs.

Who can make a compensation claim on behalf of a child?

Under the Civil Procedure Rules , a litigation friend will usually conduct a claim on behalf of a child. This is usually a parent or guardian, although another suitable family member or adult may take the role. A litigation friend does not need to be legally qualified, but it is advisable to work with an experienced solicitor to give your claim the best chance of success.

A litigation friend must act in the child's best interests, without conflicting interests. They make important decisions on the child's behalf. They instruct the personal injury solicitor, consider medical evidence and assess settlement proposals.

Although a litigation friend is involved in the claims process, the child's claim and any compensation belong to the child. The compensation awarded must be approved by the court, so the court can verify that the settlement is in the child's best interests.

How long do you have to make a child injury claim?

In England and Wales, a three-year time limit usually applies to personal injury claims, but this does not begin while the injured person is under the age of 18. This means that a suitable adult can normally start legal proceedings on the child's behalf at any time during childhood. However, it is easier to gather evidence of medical appointments, travel expenses and other financial losses in the immediate aftermath of an injury, which can make it easier to build a strong case. As such, we recommend taking action as soon as possible to give your child the best chance of a successful claim.

When the child reaches 18, the standard three-year period under the Limitation Act 1980 usually begins. This means court proceedings ordinarily need to be started before their 21st birthday if the person wants to bring their own claim as an adult. If your child continues to lack the relevant mental capacity when they turn 18, different limitation rules may apply and the usual three-year period may not begin while that disability continues.

How much compensation can you claim for a child's injury?

There is no standard compensation claim amount for a particular accident. The amount of compensation depends on the child's injury and prognosis, the impact on their life, and any financial consequences for the child and their parents.

Compensation normally has two parts:

• General damages cover pain, suffering and loss of amenity, including the effect of the child's injury on everyday life. The Judicial College Guidelines and awards for similar injuries are used to assess compensation amounts for specific injuries.
• Special damages cover financial losses caused by the injury. These may include costs for treatment, rehabilitation, travel, equipment, care provided by family members or professionals, and future financial losses that the child is likely to experience. Where appropriate, future losses can include reduced earning capacity in adulthood, or the costs to replace prosthetics that the child will need as they grow.

For a child with a serious brain injury, assessments may need to consider education, housing adaptations and lifelong ongoing support. For physical injuries with permanent side effects or that result in a disability, a claim may pay for adaptations to the family home or any ongoing treatment they will need to manage their condition. However, even where children are likely to make a full recovery, it will be possible to make a claim if someone else's negligence was to blame.

The team at Switalskis will have an independent expert review your child's medical records in such cases, and estimate how the injury is likely to affect their life moving forward. Along with medical expenses and other costs, this will form part of the claim and we'll work to secure a fair compensation settlement on this basis.

How Switalskis can help with child injury claims

If your child has been injured because of someone else's negligence, Switalskis can discuss your options and help you to make a personal injury claim on their behalf. Our serious injury solicitors offer a no win, no fee agreement for many cases and will work to secure interim payments where possible, so that your child receives their compensation when they need it. Other funding options are also available, and our specialist team will discuss your circumstances with you during a free initial consultation so you can make decisions with confidence.

Call 0800 1380 458 or complete the form on our website to speak to our team about your child's injury and the best way forward.