Bringing a personal injury claim on behalf of a child

Children can sometimes injure themselves when out and about.  There are times, however, where the accident involving a child is due to somebody else’s negligence or failure to take care.

As a parent or guardian, you can make a personal injury claim for your child (including a baby) if they have been injured in an accident that was the fault of someone else.

A child is any person under the age of 18 years.  Until they reach their 18th birthday, they are regarded as a “minor” and unable to pursue the claim themselves.  If a claim, therefore, is to be brought for compensation for injuries suffered by a child, then a Litigation Friend needs to be appointed to represent them.  This would usually be a parent or close family member.

There is a time limit in which personal injury claims must be brought.  That is usually within 3 years from the date of the accident.  In cases involving children, the claim must be brought within 3 years from the date they reach the age of 18 and become an adult.  This means that they have until their 21st birthday to bring a claim.

If the claim is successful and the child claimant is entitled to receive compensation, then the court rules provide that a settlement involving a child has to be approved by the court.  This means in practice that court proceedings need to be commenced and the case is then heard by a judge at the nearest county court to where the child lives.  If the judge approves the settlement, then the compensation is invested until the child reaches the age of 18 when it is paid out to them.

If your child has been involved in an accident that was not their fault or if you suffered an injury as a child then please contact us for a free initial consultation and we can help you ascertain if you have a case.  In many cases, we will be able to offer a no win, no fee claim.  Please contact our Tracy Rodgers on or 01226 210000.