Child Claims Solicitors
When a child is injured in an accident, the first concern is always their care, recovery and wellbeing. Once the immediate medical needs have been looked after, parents or guardians may also need advice on whether a personal injury claim should be considered and how the process works for a person under 18.
Personal injury claims for children
A person under 18 cannot usually bring a personal injury claim in their own name. Instead, the claim is brought on their behalf by an adult known as a “next friend”. This is usually a parent or guardian, although another suitable adult may be required in some circumstances.
Child claims can arise from many different situations, including road traffic accidents, accidents in schools or childcare settings, accidents in public places, sports or activity-related injuries, and injuries caused by unsafe premises or poor supervision.
Not every accident will give rise to a claim. In general, it must be shown that another person, business, organisation or authority was at fault, and that the injury was caused by their negligence or failure to take reasonable care.
How child injury claims are different
Child injury claims are handled differently to adult claims because the law provides additional protection for the child.
A parent or guardian may give instructions on the child’s behalf, but any settlement reached must be approved by the court before it becomes final. This is an important safeguard. The court reviews the proposed settlement, the medical evidence and the circumstances of the case to ensure the outcome is fair and in the child’s interests.
Where compensation is approved, it is generally lodged with the court and held for the child until they turn 18. In certain circumstances, an application may be made for some funds to be released earlier where this is for the child’s benefit.
What should parents do after a child accident?
The most important step is to make sure your child receives appropriate medical attention. Even where an injury seems minor at first, it is sensible to have it properly assessed and recorded.
It can also be helpful to keep clear notes of what happened, including the date, location, names of any witnesses, photographs of the accident location or hazard, and copies of any reports made to a school, crèche, shop, business, club or public body.
You do not need to know whether you definitely have a claim before speaking with us. We can listen to what happened, explain the likely issues, and advise on the next appropriate step.
Time limits in child injury claims
The usual time limits for personal injury claims are different where the injured person is under 18. However, it is still important to get advice early. Evidence can be lost, CCTV may be deleted, witnesses may become harder to contact, and the details of what happened can become less clear over time.
Early advice does not mean you are rushing into a claim. It simply helps protect your child’s position and allows you to make an informed decision.
Why choose David Walley & Co Solicitors?
Child injury claims require careful handling. Parents need clear advice, but they also need a solicitor who understands that the case involves a child, a family, and often a difficult or upsetting set of circumstances.
David Walley & Co Solicitors have many years’ experience advising clients in personal injury claims, including claims brought on behalf of children. We will explain the process clearly, deal with the legal steps carefully, and keep you informed throughout. Our aim is to make the process as straightforward as possible while ensuring your child’s interests are properly protected.
Speak With a Solicitor
If your child has been injured and you are unsure whether you should make a claim, we can help you understand your options. Contact David Walley & Co Solicitors to speak with an experienced personal injury solicitor.
Frequently Asked Questions
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A child under 18 cannot usually bring a personal injury claim* in their own name. The claim is normally brought by a parent or guardian acting as the child’s “next friend”. In some cases, another suitable adult may need to act in this role, particularly where there is a possible conflict of interest.
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Yes. A settlement involving a child must be approved by the court before it is final. The judge reviews the settlement and the medical evidence to make sure the amount is fair and in the child’s best interests.
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Where compensation is approved, it is usually lodged with the court and held until the child turns 18. Once the child reaches 18, they can apply for the funds to be released. In some situations, an earlier application may be made where funds are needed for the child’s benefit.
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It is usually better to get advice as early as possible. While different limitation rules apply to children, waiting can make a case harder to prove. Evidence may be lost, witnesses may become unavailable, and records may be harder to obtain.
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Useful evidence can include medical records, photographs of the accident location, incident reports, witness details, receipts for expenses, and notes on how the injury has affected the child’s daily life, school, activities or recovery. The type of evidence needed will depend on how the accident happened.