Last Updated 17th February 2026. We care so much about protecting our children that when they suffer an injury or illness, we feel despair and heartbreak. What makes it worse is that in some cases, it could have been avoided.
The team here at Legal Expert understand how stressful child accident claims can be, and that’s why we do all we can to simplify the process for the benefit of both you and your child.
Personal injury compensation can include an award for physical and mental pain and suffering (general damages), as well as financial losses such as travel expenses and medical costs (special damages).
This guide will discuss what child personal injury claims are and when such legal action can be taken. Children of all ages can suffer an injury. But sometimes it isn’t their fault and in these situations, it’s possible to take action in the form of a child accident claim.
We also examine how we can help you claim on a No Win No Fee basis and what benefits this type of agreement can bring. We’ll also explain how a child injury lawyer could potentially assist you.
Children can be injured while at nursery and school, on the road, or even in some cases in accidents at work. To find out more about claiming compensation for an accident involving a child, please read on or contact us on 0800 073 8804 to start your claim.
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What Are Child Injury Claims?
The eligibility criteria in child accident claims are the same as in any other personal injury claim. A third party owes a child a duty of care, and if that duty is breached, a claim could potentially be made.
We’ll cover some specific examples later in the guide, the general eligibility criteria in child personal injury claims are as follows:
- A third party owed the child a duty of care at the time of the accident.
- That party failed to uphold this duty in some way.
- This failure caused an accident in which the child was injured.
To find out if you are eligible to claim behalf of a child, or to ask any questions about child personal injury settlements, talk to our team today. You can reach an advisor at any time using the contact information provided above.
Can I Make A Personal Injury Claim On Behalf Of My Child?
For child accident claims, the injured person may not claim for themselves as they are under eighteen. Despite this, their claim can go ahead with the help of a litigation friend. This refers to someone who is nominated to represent the claim on another person’s behalf. They must be entrusted to represent the injured person’s best interests. Therefore, litigation friends are often:
- A parent, relative or guardian
- A friend of the family
- A personal injury solicitor
- A professional advocate
It is important to note that any compensation awarded will belong to the injured child, not the person representing them. We will provide more details on this in a later section.
If you have any questions about how child personal injury claims work or want to know if you could be a litigation friend, check in with an advisor today. They can assist you with any queries and potentially put you in contact with an experienced No Win No Fee solicitor.
How Long Do I Have To Make A Claim?
Due to the Limitation Act 1980, personal injury claims have to be started within three years of the date the injury occurred.
However, this three-year time limit is frozen if the victim is a child (under 18) and remains so until the day of their 18th birthday. From this point they have 3 years to issue court proceedings otherwise their claim may become time-barred.
What Types Of Accidents Could Lead To A Child Injury Claim?
It isn’t uncommon for children to get hurt during school, play or their daily life. However, if a harmful accident happens because of someone else’s negligent actions, you may have the right to claim compensation on the child’s behalf. Examples of accidents that could lead to child injury claims include:
- A local council failed to maintain a playground in the local park and did not notice safety issues with the equipment. A child was on the swings when they snapped, throwing the child off. This caused the child to fall and break their arm.
- When working in their local shop, a young person was not properly trained to stack shelves carefully. They fell while stacking a high shelf and hit their head, damaging their brain.
- School injuries
- Nursery and childcare injuries
- Medical negligence affecting children
- Dog bite injuries
- Sports and activity injuries
- Accidents in public places
If a child in your care has been injured in a similar situation, or if you believe their accident could be the basis of a claim, just call the number above for a free claim assessment.
Child Injury Claims At School Or Nursery?
Child injury claims can be made for injuries sustained at school or nursery. We’ve given some examples of such incidents here:
- Slips, trips and falls such as on broken carpets, down steps or on wet floors.
- Burns and scalds from hot water, such as in toilets or if hot drinks are spilled.
- For older children, poor safety standards during woodworking or other technology lessons can lead to lacerations or even broken bones.
- Failures to maintain classroom furniture such as chairs or desks could lead to children injuring themselves.
- Electric shocks, head injuries, as well blunt force trauma could be sustained due other maintenance issues including faulty wiring or broken ceiling panels.
To find out if you could claim on behalf of your child in their specific circumstances, speak to our advisors using the contact information given below.
Child Injury Claims In Road Traffic Accidents
Children are considered vulnerable road users and therefore drivers need to take additional care around schools and other areas where children are present. Here we have some more examples of where child injury claims could be made following road traffic accidents:
- A child crossed the street but was hit by a driver speeding in the school 20mph zone. The child suffered serious injuries.
- While driving back from a shopping trip, a mother and her child were hit in a rear shunt collision because a driver was on their mobile phone and not paying attention to the road. The child was in the backseat and suffered serious injury to their neck.
- Multiple children suffered concussions and other blunt force injuries after a bus crash. The driver was travelling too quickly and failed to make a bend.
- While cycling back from a friend’s house, a child was knocked off their bike when a driver attempted to overtake a vehicle. The overtaking car failed to stop in time upon seeing the child and collided with them, throwing them off the road and breaking multiple bones.
Medical Negligence And Child Injury Claims
In addition to child accident claims, legal action could also be pursued for instances of medical negligence, including:
- Medication errors such as failing to check the child’s notes for known allergies or providing the wrong dosage.
- A lack of informed consent for treatment.
- Birth injury claims can be made for both harm to the mother as well as the child, for example, cerebral or Erb’s palsy.
- Children can experience surgery negligence just like adults, including wrong-site surgery.
Additional guidance can be sought from our advisory team. We can also provide an eligibility check free of charge. Talk to us today using the details given below.
Compensation Payouts In Child Personal Injury Claims
Child accident claims can be valued in a similar way to those of adult claims. This is especially true of the general damages portion of their settlement. This is the payment that directly addresses their injuries and the pain and suffering associated with them. However, certain factors can affect the value of this figure. Age is one of these factors. Younger claimants may have certain injuries valued more highly due to the impact they will have throughout their life.
Legal professionals often have a number of helpful resources to help them arrive at a general damages sum that is deemed appropriate for the injury sustained by the child. One of these resources is a publication that’s known as the Judicial College Guidelines (JCG). This is what the figures from the below table have been taken from, excluding the top row.
However, the amounts should only be used as guidelines. As with all cases of personal injury, all child accident claims are unique. The specific circumstances need to be addressed individually before an accurate figure can be given. We can do this if you get in touch with our advisors today, as well as answer any questions you may have regarding what happens to children’s compensation after a successful claim.
| Body Part | Severity | Guideline Amounts |
|---|---|---|
| Multiple Severe Injuries Plus Associated Costs and Expenses (ie, care costs, home installations and parents' lost income) | Very Severe | Up to £1,000,000+ |
| Brain/Head | Moderately Severe | £267,340 to £344,150 |
| Less Severe | £18,700 to £52,550 | |
| Back Injuries | Severe (i) | £111,150 to £196,450 |
| Moderate (i) | £33,880 to £47,320 | |
| Neck Injuries | Severe (i) | In the region of £181,020 |
| Moderate (ii) | £16,770 to £30,500 | |
| Other Arm Injuries | Causing Permanent and Substantial Disablement | £47,810 to £73,050 |
| Shoulder Injuries | Severe | £23,430 to £58,610 |
| Severe Leg Injuries | Severe (iv)Moderate | £33,880 to £47,840 |
You can also head here to view a list of compensation payouts for all injury types.
Do Special Damages Apply To Child Injury Claims?
If you successfully claim compensation for an injury on behalf of a child, you may also receive special damages. This head of claim is intended to restore you to the financial position you were in before your child was injured. For example, if your child needs a wheelchair as a result of their injuries, the cost of this could be covered by special damages.
Special damages could also help cover the cost of:
- Prescriptions.
- Lost earnings if you need to take time off work to care for your child as they recover.
- Childcare.
- Travel to and from hospital appointments.
It’s important to note that, in order to claim under this heading, you must provide evidence of your financial losses. As such, keeping any bank statements, invoices, or receipts relevant to your losses can be helpful.
Contact our team today to find out how an experienced personal injury solicitor could help you claim compensation on your child’s behalf, or read on to learn more about the child injury claims process.
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How Long Does It Take To Reach A Child Injury Claim Settlement?
The length of time it takes to reach settlements in child accident claims depends on the circumstances of the claim. As all claims are unique and present a different set of facts, clients receive compensation payouts in various timeframes.
Some factors that may determine the time it takes for your child’s personal injury claim to reach a settlement include:
- The complexity of the claim and your child’s injuries
- The time it takes for your child’s injuries to heal
- The process of finding a suitable litigation friend
- The gathering of evidence and building of the claim
- The calculation of personal injury compensation
- Whether the third party has admitted or disputed liability
- The process of settlement negotiations with third parties
- Whether the claim goes through legal proceedings in court
It is useful to note that the sooner you discuss your child’s personal injury claim with our advisors, the sooner our solicitors can begin building their case.
No matter how complex the circumstances of your child’s claim are, our solicitors will try to reach a settlement within a reasonable time frame to support both you and your child in moving on.
If you have any questions regarding the time frame for reaching child personal injury settlements, please do not hesitate to get in touch with our advisors.
What Happens To My Child’s Compensation?
You may be wondering what happens to the compensation awarded in the event that a child injury compensation claim is successful. If the claimant is 18 or older when the claim ends, the compensation can be sent directly to them.
However, if claimants are under 18, the proceeds of child personal injury settlements are placed in a Court Funds Office account until their 18th birthday.
A litigation friend can request that funds are withdrawn, but only if they can show how the funds will benefit the child. For example, some money from a child injury claim payout could be taken out to pay for the child to have physiotherapy sessions.
This is something else which a specialist child personal injury claim solicitor can offer sound advice on. You can learn whether a solicitor can help you claim on a child’s behalf by calling our team for a free evaluation today.
What Evidence Do I Need For Child Accident Claims?
Child accident claims that lack evidence are unlikely to be awarded compensation. Therefore, it is crucial that you take the time to gather as much evidence as possible that can support their personal injury claim.
Evidence you could obtain includes:
- The contact details of any witnesses to your child’s accident. A personal injury solicitor can get in touch for a statement from them.
- Medical records can show any appointments your child has had regarding their injuries as well as any treatment they have needed.
- A report from an independent medical expert who can assess your child and offer insight into the extent of their personal injuries.
- Photographs of your child’s injuries if they are physical and can be seen. For example, if they have a broken arm.
If you would like additional information on what evidence you can gather for a child accident claim, our advisors are free to talk to and are available around the clock.
Is It Possible To Make Child Accident Claims On A No Win No Fee Basis?
Child injury lawyers could potentially offer a No Win No Fee contract. Under this type of arrangement, you only pay a success fee if you receive compensation. The percentage taken is legally capped to ensure that you receive the majority of the compensation. If you don’t win compensation, you don’t pay fees to your solicitor.
Generally, you also won’t be required to pay an upfront fee for your solicitor to start work on your claim.
Our solicitors can offer this form of arrangement. If you would like to seek representation by children’s law solicitors under this agreement, our advisors could put you in touch. Our solicitors are experts in child law, so they can help you prepare a strong claim.
Call For Free Advice And Start Your Claim
If your child has been injured and you think they should be compensated, please contact us right away for quick, professional and expert legal advice at 0800 073 8804.
If you don’t have the time to call us right now, you can use the contact form on this page to have us call you back, or use the live chat to leave your details. The sooner a child injury claim is started, the sooner your child could be compensated.
Frequently Asked Questions
Our frequently asked questions sections aim to provide some quick answers to common queries regarding child accident claims.
Do Child Injury Claims Have To Go To Court?
Not all child injury claims will need to go to court. Most personal injury cases are settled through discussions between the solicitors representing the claimants and defendants.
Can Psychological Injuries To Children Be Compensated?
Yes psychological injuries to children can be compensated, provided there is a professional medical diagnosis of psychiatric harm.
Can A Child Claim Years After An Accident?
Yes, in some cases, children can claim years after an accident. If a child is injured the standard 3-year limitation period is paused until they reach 18, from which point they can make their own claim. If a litigation friend has been appointed, however, then the claim will get underway a lot sooner.
Can Child Compensation Be Used For Treatment Before Age 18?
Depending on the exact circumstances, child compensation can be used for any necessary treatment before they reach 18. Compensation paid to children is held in an account by the Court Funds Office. Their appointed litigation friend can apply for some of this to be released early, with evidence of the exact costs the application is being made for. Each case is considered on an individual basis.
Learn More About Child Personal Injury Claims
Below, you can find more useful links and resources on child personal injury claims:
- How Much Compensation For a School Accident Claim? – If your child has been injured while at school or on a school trip, find out how much compensation you could claim and start by getting free legal advice.
- Nursery Accident Compensation Claims – If your child been injured whilst at their nursery, get free legal advice today and see if you can claim compensation for nursery injuries.
- Health And Safety For School Children – Whilst your child is at school, the school is responsible for their safety. This also applies if your child is on a school trip with the school.
- Education While Your Child Is Ill – If your child is unable to attend school because of your child’s injuries or illness, find out more information.
- Inform Ofsted About A Serious Child Safeguarding incident: Online Form For Local Authorities – If your child has been involved in a serious injury at school, you can notify Ofsted about any incidents where the child has suffered harm, including children in care or those living at home.
- Pedestrian Injury Compensation Claim – If your child was injured as a pedestrian, this guide could help you understand how to seek compensation.
- Stuck In A Lift Compensation Claims – Learn how to make a personal injury claim if you suffered an injury after getting stuck in a lift.
- Advice On How To Claim Compensation – here you can find more general advice on claiming compensation