Child Injury Claims

Children can be prone to accidents – it is a normal part of childhood. Usually, children’s injuries are minor and nobody’s fault. However, if your child has been hurt in an accident or injured due to negligence, or there were inadequate safety measures in place to protect your child, we can help you make a child injury claim.

We understand how frightening and upsetting it can be if your child is seriously injured. Perhaps they’ve sustained a head injury, a spinal injury, or have multiple fractures. As a parent or guardian, it is tough seeing your child in pain or struggling. It may mean they don’t have the future you hoped for them, and they may need long-term care and support.

Our specialist child injury solicitors know that your child’s health and wellbeing is your top priority. That is why we will work hard on your behalf to help them get the compensation, specialist support and rehabilitation they need now and in the future.

We have many years of experience helping families secure child injury compensation, and we will support you to get the best possible help and care for your child.

Our Expertise with Child Injury Claims

Our specialist child injury lawyers are experts in securing the maximum compensation for children who have suffered severe, life-changing injuries.

We have helped many families whose lives have been turned upside down by accidents and injuries to their children.

Some examples of accidents that can cause serious injuries to children include:

• Road traffic accidents
• Sports accidents 
• Cycling accidents
• E Scooter accidents
• Motorcycle accidents
• Horse riding accidents
• Medical negligence
• Accidents in public or private places
• Accidents in playgrounds
• Accidents at nursery or school
• Criminal assault

There is a wide range of serious injuries that can happen to children. Our expert team of child accident solicitors can help you make a compensation claim for injuries, including:

• Brain and head injuries to children
• Spinal injuries
• Limb loss and amputation
• Bone fractures
• Eye injuries and loss of sight
• Severe burns
• Nerve damage
• Carbon monoxide poisoning
• PTSD
• Chronic pain
• Fatal injury

Tragically, sometimes children die due to their injuries. If you have experienced the loss of your child as a result of an accident that wasn’t their fault or due to another cause like medical negligence, we know that nothing can ever replace your loss. But we can help you make a fatal injury claim to ensure you get the answers and justice you need.

After the death of a child, the coroner may decide to hold an inquest to investigate the cause of their death. If this happens, our compassionate and professional inquest team can represent you and your family at the inquest to support and guide you throughout the whole process. Click here to find out more about inquests.

We can also help if a decision is made to hold a public inquiry into your tragic child’s death. A public inquiry is usually set up by government ministers to investigate specific events. It aims to understand what happened and why and establish what needs to be done to prevent it from happening again.

How child injury compensation can help

We understand that it can be daunting to consider making a child accident claim, but our expert team is here to help.

Our specialist child injury solicitors will work hard on your behalf to secure maximum compensation for your child’s pain and suffering and to ensure they can access the expert treatment and rehabilitation they need to improve their quality of life.

There is no set amount of compensation that your child will receive. Instead, the value of their claim will be calculated on the severity of your child’s injuries and their chances of making a good recovery.

Your child accident compensation may help with:

• Cost of private medical treatment
• Rehabilitation and specialist therapy expenses
• Any necessary home and vehicle adaptations
• Specialist equipment
• Costs of care and household assistance or loss of earnings (including future loss of earnings) and pension for any for any time you or your partner has had to take off work to care for your child
• Travel expenses for hospital appointments
• Home tutoring costs – if your child has had to take a lot of time off school, you may be able to claim for the expense of getting a home tutor

How making a child injury claim works

Book a free initial consultation with our expert child injury lawyers

If you would like to claim compensation for a serious injury your child has suffered, get in touch with our expert child injury lawyers for a FREE initial consultation.

Our specialist team are highly experienced in child injury compensation claims and will deal with your case with compassion, sensitivity, and the utmost professionalism.

They will listen to what you have to say, ask you about the details of what happened to your child and will work out if you will be able to make a successful child injury claim.

We have regional offices in Bristol, Cardiff, the Isle of Wight, Plymouth, Salisbury, Southampton and Swindon, offering a personal and expert legal service to clients throughout England and Wales.

To book a free, no-obligation chat with us, call 0345 357 9645, email customersupport@simpsonmillar.co.uk or complete our online enquiry form.

No Win No Fee child injury compensation claims

We offer No Win No Fee funding, which means there is no financial risk to you or any hidden, unexpected costs. In the highly unlikely event, your child injury claim is unsuccessful, you will not have to pay a penny. Find out more information about No Win No Fee.

Investigating your child’s serious injury claim

Our expert child injury solicitors will investigate your claim thoroughly. We will gather the evidence needed to build a strong case for your child’s compensation.

Our team will gather the documentary and witness evidence needed to help prove your child’s compensation claim. This may include obtaining evidence from different sources such as witnesses to your child’s accident and expert insight from independent medical professionals.

The leading medical professionals we work with will be able to advise us on the extent of your child’s injuries and the likely impact on their future health and wellbeing. They will also help to recommend the best care and support your child needs.

Working out how much child injury compensation your child is owed

The value of your child injury claim is calculated using several factors, including:

• General damages – the severity and extent of your child’s injury, illness, pain and suffering, and the impact on their day-to-day life.
• Special damages – the financial cost including any future loss of earnings, any medication and treatment expenses, rehabilitation costs, any childcare costs, travel expenses to hospital appointments, house and vehicle adaptations, any specialist equipment needed, and home tutoring if required.

Find out more about how we calculate compensation.

Time limits for child injury claims

If you are claiming on behalf of a child, you have three years from their 18^th birthday to issue a claim form in the court. However, our expert child injury lawyers advise that you seek specialist legal advice as soon as possible as they may be able to secure early interim payments so that your child benefits from rehabilitation and additional support.

If you are claiming on behalf of a child who tragically died due to a serious injury, you will either have three years from the date of their death or three years from the date you realised that their death may have been caused by someone’s negligence to start court proceedings.

There are some exceptions to these rules. For example, there is no time limit if your child does not have the mental capacity to make legal decisions and different time limits apply for some injuries or illnesses sustained abroad at sea or in the air.

Time can be a critical factor in serious injury claims, so it is essential to get in touch with our specialist child injury team as soon as possible for expert legal advice and support.

If you have any questions about time limits, you can call us on Freephone 0345 357 9645 or email customersupport@simpsonmillar.co.uk.

Settling a child injury claim out of court

Going to court is usually the last resort in personal injury claims. Most child injury claims out of court. However, if no agreement is reached on who is to blame for your child’s injury, or the compensation value is in dispute, then it may be necessary to settle your case in court in front of a judge. If this happens, you are in safe hands, our expert child injury lawyers will support your family throughout the court process.

Taking your child injury claim to court

If we do have to issue court proceedings, (for example, because no settlement agreement is reached informally between the defendant and yourself), we will guide you through the process and ensure you understand what is happening each step of the way.

In many child injury cases, the claims settle before trial. However, for the small number that does not, there is nothing to worry about. We will instruct a specialist barrister to represent you at the final hearing, and our expert child injury solicitor will be with you to support you on the day.

If you are making a claim on behalf of a child who is under 18 or does not have mental capacity, court approval of a settlement will be needed.

 

Frequently Asked Questions about child injury claims

What is a child injury?

A child injury is any harm that is caused to a child due to an accident or medical negligence. If your child has been injured due to someone else’s negligent actions or mistakes, you may be able to make a child injury claim.

How do you prevent child accidents?

Accidents and injuries are a normal part of childhood and growing up. As a parent, you can help prevent some accidents and injuries by making simple changes in the home, educating your children about specific dangers, and ensuring they are adequately supervised.

However, sometimes children suffer the trauma and pain of serious accidents due to someone else’s mistakes or negligence that can change their lives and your family’s lives forever.

If your child (or a child you care for) sustains a serious injury due to the actions of someone else, it may be possible to claim compensation.

What are the most common childhood injuries?

Many serious accidents are entirely preventable. According to the Child Accident Prevention Trust, children aged five and under are at most risk in the home or garden. In fact, 90% of the most serious preventable accidents to the under-fives fall into five main areas:

• Threats to breathing – choking, strangulation or suffocation
• Falls
• Poisoning
• Burns and scalds
• Drowning

Older children are at a greater risk outside the home, on the roads as they start to make independent journeys, and at play, including in and around water.

If an accident or injury happens due to lack of safety measures or because of somebody else’s negligence, your child may be entitled to compensation. Call our specialist child injury team on Freephone 0345 357 9645 or contact us online for a free, no-obligation chat.

Can I claim compensation for my child?

Yes, if your child’s accident or injury was someone else’s fault, you may be able to claim compensation on their behalf. A parent, guardian or close relative who makes a personal injury claim for a child is known legally as a ‘litigation friend’.

How does compensation for child personal injury claims work?

No two child injury compensation claims are the same, and the amount of damages (compensation) your child receives depends on the severity of their injury, the impact on their quality of life, and their chances of making a full recovery. Our expert child injury lawyers will gather the evidence required to calculate the amount of compensation you should receive.

What will happen to my child’s compensation?

If your child injury claim is successful before they reach the age of 18, their compensation will be paid into the court to be held on trust, where it will be invested on their behalf until they turn 18. As the child’s parent or legal guardian, it is possible to apply directly to the court to release the money to pay for things such as medical treatment or education support, which will only be authorised if the court is satisfied that it is necessary. Any amount awarded to your child has to be approved at an infant approval hearing before any amount can be paid out. Your child will need to attend this hearing, or you may be able to attend on their behalf, depending upon their age and the severity of their injuries. If your child has the capacity to make their own decisions, once they reach the age of 18, the money invested will usually be paid in full to them together with any interest that has accrued over time.

Can I still claim if my child has died?

Yes, if your child sadly died due to an accident or injury and someone else was to blame, you may be able to make a claim on behalf of their estate. Find out more about fatal injury claims.

I’m not happy with my law firm. Can you take over from my current solicitor?

If your current law firm is not giving you the service and support you need during your child injury compensation claim, you are entitled to change solicitors.

Do you have a question we have not answered?

If you have a question that is not listed above, please visit our FAQs page. Alternatively, please get in touch, and we will be happy to answer your query.

Please book your free initial consultation with our child injury solicitors

If you or a loved one has a child injury claim, our expert solicitors in Bristol, Cardiff, the Isle of Wight, Plymouth, Salisbury, Southampton and Swindon are here to help.

To start the process of making your compensation claim, contact us on Freephone 0345 357 9645 or online for a free, no-obligation chat.