Making a child injury claim

Children are vulnerable when they’re on the roads. They often don’t yet have the road sense that adults have gained, so they can find themselves in dangerous situations.

According to the Department for Transport’s latest research, 13,304 children up to the age of 16 were killed or injured in road traffic accidents in 2022.

If another road user has caused an accident that has hurt your child, you could be able to make a compensation claim on their behalf. The expert team at First4InjuryClaims could guide you through the process of claiming, doing all we can to ensure you get the best outcome.

How much compensation could I claim?

The amount of compensation your child could be awarded will depend on their injury, how severe it is and how long their recovery is expected to take.

For example, an elbow injury that your child fully recovers from within one year could see compensation of up to £3,310 awarded. But an elbow injury that they mostly recover from within two years but has some minor symptoms lasting after that could see them receive up to £5,890.

It’s also possible to claim for non-injury losses. These include anything you’ve spent money on as a result of your child’s accident. For example, if your child’s phone or bike was broken in the accident, you could claim for a replacement.

You could also claim for any medical care your child needed. This could include treatment like physiotherapy or any medication you paid for. You’ll also be able to claim for the cost of transport to and from medical appointments.

We will make sure you know exactly what you can claim for. If you have any questions about compensation amounts, just ask. You can call or email – whatever is most convenient for you.

What happens to my child’s compensation?

In most cases, your child’s compensation will be sent to us. We then receive our payment from this payout. At that point, we will put the compensation in a protected account. Your child will be able to access this account when they turn 18.

It’s possible for payments to be made to a court fund or for the court to order that the payment be made into a personal fund in your child’s name. This could be a savings or standard account and will become the responsibility of an adult account holder. Compensation can’t be paid into an account in your name.

You may be able to claim an interim payment for your child before the final compensation amount is awarded. This could be due to the fact they need special care after their accident.

We will be able to help you work out what you are entitled to. Our service is tailored to you so we’ll always work in the best interests of you and your child.

How can I pay for a claim?

In most cases, we will be able to offer you a No Win No Fee funding agreement. This means that we only receive payment for our work if your claim is successful. Since there is nothing to pay if you are not awarded compensation, there is no risk to you.

With a No Win No Fee agreement, you don’t have to pay anything upfront to begin your claim. This leaves you free to focus on helping your child through their recovery instead of worrying about how to fund your claim.

Can children claim for themselves?

No, children can’t make a claim on their own. They are not considered to have legal capacity, so an appropriate adult will have to claim on their behalf. This person is known as a litigation friend and is generally a parent or guardian.

Your child can make their own claim when they turn 18. Until then, you’ll be able to act for them.

Is there a time limit to making a claim?

If your child has been injured in an accident, you’ll be able to begin a claim on their behalf at any point until they turn 18. Once they turn 18, if no one has claimed on their behalf, they will be able to do so for themselves.

They will have three years from that point to start their own claim.

If you have any questions about whether you can start a claim for a child who was injured, just get in touch. We’ll help you work out the best next steps, as well as set out just how we could help you.

Do I need evidence to make a claim?

Evidence makes a claim stronger. If you can show that the accident was caused by someone else’s negligence, as well as how it has affected your child, you’ll give yourself the best chance of success.

Some of the strongest evidence you could present is:

• Dashcam footage of the accident
• Medical reports – your child will have to have a medical assessment as part of the claim
• Photographs and video footage of their injuries and the accident scene
• Police reports
• Receipts from anything you paid for as a result of the accident
• Witness contact details and statements

If you’re not sure about what evidence you can use, don’t hesitate to ask us. We want you to feel confident about claiming, so we’ll do everything we can to help you understand the process.