Child Accident: How To Claim Personal Injury Compensation For Children

Discover how to make a child accident personal injury claim.

We discuss the legal definition of a child, together with the time period a child has to start a claim.

In addition – find out the purpose of a litigation friend to allow a claim for children to be made.

Finally, we explain the reason a court must always be involved to conclude a child’s claim and ensure compensation monies are secured until the child reaches the age of 18.

What is a child accident claim?

If a child suffers injury in an accident that was considered to be due the negligence or legal fault of another, a business of public body then a child accident claim can be made for compensation.

At what age are you considered a child in the eyes of the law?

The legal name for a child is a “minor” and the age of majority (age becomes an adult) can vary across the UK.

For example – in England and Wales a child is classed as being under 18 years of age.

Whereas, in Scotland – a child is generally classed (for personal injury claims) as being under 16 years.

Who makes your child’s claim for compensation following an accident?

Technically – it is always the child’s claim. However – who provides the instructions to the solicitor to allow the child to claim varies on a few factors. For example:

Your child that has become an adult before starting the claim

If a child has an accident and then reaches adulthood before the personal injury claim is commenced then the child (now adult) can claim on their own behalf.

Your child is under 18 years when the claim is commenced

Technically a minor – a child under 18 years (England and Wales), is not old enough to provide instructions to a solicitor to make a personal injury accident claim.

The litigation friend

Therefore – to allow a child under 18 to start a personal injury claim, a responsible adult must be involved to provide instructions on the child’s behalf.

This adult is known as litigation friend and deals with the everyday handling of the case.

The litigation friend will bound by the contract agreed personally, but on the child’s behalf.

Is the time period to start a child accident claim the same as for an adult’s claim?

Technically both an adult and a child have three years to start a personal injury claim before it is too late.

However – when the 3 years starts to run varies on whether you are an adult or a child at the time the accident occurs.

If you are an adult it will generally run on the date of the accident.

Whereas, a child has there years from the date of majority (adulthood) to start a claim.

Therefore – a child has until the 21st birthday in England and Wales to start a child accident claim. Generally – in Scotland this is until the 19th birthday (this date may change).

UK law ensures children are given every chance to claim

The law in the UK has been designed to ensure that the most vulnerable members of society, such as children, are given every opportunity to claim the compensation they are entitled to.

How can a claim for a child be concluded?

Even though both the litigation friend and the personal injury lawyer are acting in the interests of a child – neither has the power to finalize a child accident compensation claim without the involvement of the court.

Minor settlement hearing / infant approval hearing

A hearing known as an infant approval hearing or a minor settlement hearing is necessary.

At this hearing the judge will consider all the evidence in the claim and the offer of compensation made.

The judge will need to see a barrister’s written opinion reviewing all the evidence gathered by the solicitor and confirming that the amount of compensation offered is sufficient.

The judge will look very carefully at the medical report, speak to the litigation friend and the child.

The court considers it essential that any future injury symptoms are known.

Should there be any doubt – a judge would likely request an updating medical report rather than conclude a child accident claim too early.

Only when both the evidence is finalised and the judge is happy – will the court allow the offer of compensation made to be accepted and the claim to conclude.

Who gets paid the compensation monies when a child claim concludes?

As you can imagine – there is a danger that if your child was paid the compensation money this would be squandered recklessly. On the other hand – if paid to the parents the monies might inadvertently disappear by the time the child reaches 18 years of age

The court funds office

Therefore – to protect the child’s compensation all of the monies will be paid into the Court Funds Office until the child reached the age of 18 years.

No one can touch the money until your child is 18 years old. Only then can you you child (as an adult) access the money.

However, a small amount can be paid out at the discretion of the judge.

For example, money for furthering the child’s education – such as buying of essential books, etc.

Who decides how your child’s compensation is invested?

How your child’s accident compensation money is invested is decided by both the litigation friend and the judge at court. This is done during the minor settlement hearing.

A simple form is completed to give effect to these wishes.

SUMMARY – Child Accident Claims

In summary – you have seen how your child’s claim for compensation can be made following an accident. Not only how long there is to claim, but also who can claim and why the court must be involved to conclude teh claim and secure teh child’s compensation monies.

Specialist Solicitor To Make A Child Accident Claim

Making a claim for a child requires the use of a specialist solicitor.

See our personal injury solicitor article to know how to choose the best solicitor to help you make a child accident claim.

FREE Specialist Solicitor Legal Help

We offer both telephone and online free legal help. You can call direct to a solicitor to have your child’s claim assessed or ask a question. We also offer online help options.