If your child was injured in an accident that was not their fault, they are usually entitled to claim compensation for their physical and mental injuries, along with any financial impact of the accident on their life and their family.

In England and Wales, children under 18 cannot legally bring a compensation claim on their own. Instead, a responsible adult must act on their behalf as a litigation friend. Usually, this is the child's parent or legal guardian, but other responsible adults can sometimes take on this role. The litigation friend works with the child injury lawyers to make decisions about the case and ensure the child's best interests are met.

You can start a child injury compensation claim at any time before the child turns 18. If a claim hasn't been started by then, the child has three years from their 18th birthday to start the legal process themselves. We recommend starting as soon as possible, as it is much easier to make a successful compensation claim when more evidence is available and memories of the accident are clearer.

Children can be hurt in many different environments, and this doesn't always entitle you to compensation. The key factor is that someone else had a duty of care to your child, was negligent in that duty, and is therefore responsible for the accident.

At Switalskis, our serious injury solicitors have experience with a wide range of personal injury claims. As such, it may be possible to claim compensation for your child in any of the following circumstances:

Road traffic accidents

Road traffic accidents are a frequent cause of child injuries. Whether your child was a passenger in a car, a pedestrian, or a cyclist, they may be in a position to claim. We help families to claim compensation from the insurance companies of negligent drivers, including for children injured while using public transport.

Accidents in public places

Playground accidents that result from poor supervision or broken equipment could entitle you to claim. For example, if a child falls from a height because a railing was loose, the local council or the owner of the land may be liable. We also handle injury claims for dog bites and accidents in shops or schools. If a child has been injured because a public space wasn't safe, we'll advise you on whether they can make a personal injury compensation claim.

Accidents at school or nursery

Parents trust schools to keep their children safe, and school officials have a legal obligation to meet certain safety standards. If the right steps aren't taken to protect children, accidents can happen and the school may be held responsible. Whether it is a slip on a wet floor or an injury during a PE lesson, the school may have failed in its duty of care, which could entitle your child to financial compensation.

Sports injuries

While sports involve some risk, a child's injury is sometimes caused by unsafe equipment or poor coaching. If your child was injured during a sports activity due to someone else's negligence, we can support you to make a child accident compensation claim, no matter what type of sport or activity they were involved in.

Where a child has suffered an injury as a result of negligent medical treatment, including certain birth injury cases, our specialist medical negligence team may be able to assist.

There is no single answer to how long a child injury claim will take, as every child's injury is different. In cases of serious injury, it can take several years to fully resolve a claim because we must wait until the child’s recovery has progressed enough for doctors to give a clear long-term prognosis.

However, that doesn't mean you'll be in limbo during this time. While the case is ongoing, Switalskis will work to secure interim payments to cover the costs of immediate needs like specialist equipment or private medical treatment. We aim to move the claims process along as quickly as we can without risking the quality of the outcome, because we understand that families need financial support as soon as possible after a children's accident, but we also need to know exactly how the injury will affect the child's future before we can agree on a final settlement.

The complexity of the accident also plays a part. For example, clinical negligence cases can take longer because of the detailed medical evidence needed. Regardless of the time it takes, our personal injury solicitors will stay by your side and provide regular updates so you never feel left in the dark. It is important to start the claims process at your earliest opportunity to start providing for your child's needs.

In most cases, a child's parent or legal guardian can start a claim on their behalf at any point until the child turns 18. If no claim is made by their 18th birthday, the child then has three years - or until they are 21 - to start the claim themselves.

However, you should not wait. The sooner we start gathering evidence and speaking to experts, the stronger our case will be, and even if we need to wait to understand your child's prognosis, there is work we can do to keep things moving. Early action means we can help you to access early rehabilitation services sooner. Meanwhile, waiting too long can make it harder to find witnesses or recover important records.

By starting a personal injury compensation claim for your child now, you give the claim the best chance of a successful outcome.