TABLE OF CONTENT
Do you have any idea about child personal injury claims? If not, then continue reading this blog. Children often have accidents; it’s part of growing up. Most injuries aren’t anyone’s fault. However, some happen due to a lack of safety measures. All accidents are bad, but having children is especially troubling. If your child is injured due to somebody’s mistake, we can help. We can assist you in making a claim. This blog will explain child injury claims, including their legal aspects. The time limits and types of accidents come under this claim.
The latest report reveals a slight uptick in non-fatal injuries. Employee cases rose to over 1,000, climbing from 60,645 in 2023 to 61,663 in 2024.
Can Children Get Rewarded for Personal Injury Claims?
Yes, they can get money for their child personal injury claim just like the adults. If your child is in an accident without his fault, then make a claim within the time frame. You can claim for both monetary and non-economic damages. The Ministry of Justice’s Judicial College Guidelines set amount limits for general damages. They depend on the injured body part, the injury’s severity, and any risk of ongoing symptoms.
Types of Accidents Eligible for Injury Claim
In child injury claims, children can get hurt in a wide range of situations, such as:
- Car accidents
- Slip and fall accidents
- Swimming pool accidents
- Playground accident
- Medical negligence/malpractice
- Dog bites and many more
How to Start a Child Personal Injury Claim Process
Has your child been injured due to someone else’s mistake? Take action as soon as possible to protect their rights and ensure they receive the reward amount of the claim.
- To initiate the claim, first you need to have an expert court report at your disposal.
- Get an expert witness report from a reputed medico-legal firm such as Concise Medico.
- They can help you understand your legal instructions and guide you through the process.
Read how a personal injury expert witness report could support your case.
In a book By Andrew W. Kane, Joel A. Dvoskin, these authors explain:
“Personal injury is an area of tort law, involving a private or civil wrong, or injury, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages.”
Evaluation of Personal Injury Claims
What Do I Require To File Personal Injury Claims?
To see if you can claim, your lawyer must confirm:
- The defendant had a duty to care for your child.
- Someone broke this duty, leading to an accident due to negligence.
- The accident caused your child’s injury or illness.
Schools and businesses must protect children by regularly checking for risks. They should reduce dangers by installing barriers, training staff, locking doors, or removing risks. If they fail to do this and your child gets hurt, you can seek an award.
Read how we obtain Personal Injury Medico-legal Reports.
Time Limit for Child Personal Injury Claims
In the UK, there’s a time limit for child personal injury claims. Adults and minors have a three-year limit. A guardian can make a claim for children, or they can make one themselves once they turn 18. Parents can claim for their children’s injuries until they turn 21. If a child is injured and unable to claim, the time limit extends beyond three years. It’s crucial to consult a solicitor or medico-legal firm right after an accident.
Find out CICA Time limit in detail, see if you’re still eligible to apply!
Can Parents Claim In Place of Their Children?
Yes, guardians or parents can file child personal injury claims. As children are not legally able to enter into legal proceedings on their own at a very young age. However, parents or guardians should remember that the amount belongs to the child only. The court will decide whether the amount will be provided to the child in installments. Or if they can receive it altogether when they reach 18 years old from the court.
Who Is a Litigation Friend?
A litigation friend is someone who helps a child or vulnerable adult make a child personal injury claim. If a child is injured, they are too young to claim. A vulnerable adult may not be able to make decisions. In these cases, a suitable adult must represent them. A friend or family member can be an adult’s litigation friend. It can also be a social worker or guardian. However, the process of injury claims for child remains unchanged in this condition.
Two types of people need a litigation friend for claims:
- Children under 18.
- Protected parties, like adults who can’t manage their lives due to injury or mental incapacity.
If there’s no one suitable or willing to help, the Official Solicitor may step in to assist with the child injury claim.
Estimated Compensation Amount for Child Injury Claim
The reward amount can vary according to the nature of the accident, type of injury or other significant factors.
The average claim amount ranges from:
- £15000-25000.
But the amount can be varied in severe or moderate cases.
Read CICA Tariff to get an idea of compensation amounts.
Does my Child Need To Go To Court?
Many parents worry that a child personal injury claim means their child must go to court. It’s natural to want to protect your child, but it’s unlikely they’ll need to attend. If they do, it will be for an infant approval hearing in a judge’s chambers. This setting is safe and lacks the pressure of a court case. Sometimes, you may need to appear in court. If that happens, we’re here to provide support and guidance.
What Do They Discuss At The Hearing?
The hearing takes less time (10-15 min) in the Judge’s chambers. The child’s solicitor or barrister will introduce the child and litigation friend. Then, they will ask the judge to approve the agreement.
What Happens When an Agreement Offer Is Made?
In a child personal injury claim , accepting the offer needs a judge’s approval, unlike in adult cases.
- If an offer comes, you, as the child’s Next Friend, must decide, with your lawyer’s advice, whether to accept it.
- You, your child, and your lawyer must go to court. You need to answer the judge’s simple questions about the case and the child’s injury.
If the judge thinks the settlement is good for your child injury claim. They will approve it. If not, the judge will reject it and ask for more bargaining.
Why Do We Need a Barrister’s Advice on My Child’s Settlement Figure?
Before settling, a child’s solicitor must consult a barrister. This is to determine the Child Personal injury claim value. This step ensures the defendant’s offer is fair for the child’s injuries and losses. The barrister reviews medical reports. They assess the injury and extra costs, like travel and medical expenses.
The barrister’s advice also aids the judge during the infant approval hearing. It recommends a fair settlement and advises on its approval.
Once the barrister receives the advice, the parties agree on a settlement. The child injury claim solicitor seeks the County Court’s approval.
What If We Can’t Agree on a Settlement?
If we can’t agree, we’ll have to go to court in a child personal injury claim. We can still talk about settling after the court proceedings. But if we can’t agree, a judge will decide the case. As the Next friend, you may be required to give the following
- Evidence about the incident
- The injuries sustained
- The effect that these have had on your child.
No Win, No Fee Information
You shouldn’t worry about legal fees to get your child injury claims. You might claim a reward for your child’s injury under a No Win, No Fee agreement. If so, you won’t pay anything if the court drops your case or you lose.
How Can We Help Your Child?
The process for child personal injury claims might seem tough. However, with a legal medical witness report from Concise Medico, you can secure needed compensation and support for full recovery. Don’t delay. We work hard to help families get compensation for the best care for injured children due to others’ actions. To talk to a child injury expert, call (1282) 786185.
FAQs
Do you have any idea about child personal injury claims? If not, then continue reading this blog. Children often have accidents; it’s part of growing up. Most injuries aren’t anyone’s fault. However, some happen due to a lack of safety measures. All accidents are bad, but having children is especially troubling. If your child is injured due to somebody’s mistake, we can help. We can assist you in making a claim. This blog will explain child injury claims, including their legal aspects. The time limits and types of accidents come under this claim.
The latest report reveals a slight uptick in non-fatal injuries. Employee cases rose to over 1,000, climbing from 60,645 in 2023 to 61,663 in 2024.
Can Children Get Rewarded for Personal Injury Claims?
Yes, they can get money for their child personal injury claim just like the adults. If your child is in an accident without his fault, then make a claim within the time frame. You can claim for both monetary and non-economic damages. The Ministry of Justice’s Judicial College Guidelines set amount limits for general damages. They depend on the injured body part, the injury’s severity, and any risk of ongoing symptoms.
Types of Accidents Eligible for Injury Claim
In child injury claims, children can get hurt in a wide range of situations, such as:
- Car accidents
- Slip and fall accidents
- Swimming pool accidents
- Playground accident
- Medical negligence/malpractice
- Dog bites and many more
How to Start a Child Personal Injury Claim Process
Has your child been injured due to someone else’s mistake? Take action as soon as possible to protect their rights and ensure they receive the reward amount of the claim.
- To initiate the claim, first you need to have an expert court report at your disposal.
- Get an expert witness report from a reputed medico-legal firm such as Concise Medico.
- They can help you understand your legal instructions and guide you through the process.
Read how a personal injury expert witness report could support your case.
In a book By Andrew W. Kane, Joel A. Dvoskin, these authors explain:
“Personal injury is an area of tort law, involving a private or civil wrong, or injury, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages.”
Evaluation of Personal Injury Claims
What Do I Require To File Personal Injury Claims?
To see if you can claim, your lawyer must confirm:
- The defendant had a duty to care for your child.
- Someone broke this duty, leading to an accident due to negligence.
- The accident caused your child’s injury or illness.
Schools and businesses must protect children by regularly checking for risks. They should reduce dangers by installing barriers, training staff, locking doors, or removing risks. If they fail to do this and your child gets hurt, you can seek an award.
Read how we obtain Personal Injury Medico-legal Reports.
Time Limit for Child Personal Injury Claims
In the UK, there’s a time limit for child personal injury claims. Adults and minors have a three-year limit. A guardian can make a claim for children, or they can make one themselves once they turn 18. Parents can claim for their children’s injuries until they turn 21. If a child is injured and unable to claim, the time limit extends beyond three years. It’s crucial to consult a solicitor or medico-legal firm right after an accident.
Find out CICA Time limit in detail, see if you’re still eligible to apply!
Can Parents Claim In Place of Their Children?
Yes, guardians or parents can file child personal injury claims. As children are not legally able to enter into legal proceedings on their own at a very young age. However, parents or guardians should remember that the amount belongs to the child only. The court will decide whether the amount will be provided to the child in installments. Or if they can receive it altogether when they reach 18 years old from the court.
Who Is a Litigation Friend?
A litigation friend is someone who helps a child or vulnerable adult make a child personal injury claim. If a child is injured, they are too young to claim. A vulnerable adult may not be able to make decisions. In these cases, a suitable adult must represent them. A friend or family member can be an adult’s litigation friend. It can also be a social worker or guardian. However, the process of injury claims for child remains unchanged in this condition.
Two types of people need a litigation friend for claims:
- Children under 18.
- Protected parties, like adults who can’t manage their lives due to injury or mental incapacity.
If there’s no one suitable or willing to help, the Official Solicitor may step in to assist with the child injury claim.
Estimated Compensation Amount for Child Injury Claim
The reward amount can vary according to the nature of the accident, type of injury or other significant factors.
The average claim amount ranges from:
- £15000-25000.
But the amount can be varied in severe or moderate cases.
Read CICA Tariff to get an idea of compensation amounts.
Does my Child Need To Go To Court?
Many parents worry that a child personal injury claim means their child must go to court. It’s natural to want to protect your child, but it’s unlikely they’ll need to attend. If they do, it will be for an infant approval hearing in a judge’s chambers. This setting is safe and lacks the pressure of a court case. Sometimes, you may need to appear in court. If that happens, we’re here to provide support and guidance.
What Do They Discuss At The Hearing?
The hearing takes less time (10-15 min) in the Judge’s chambers. The child’s solicitor or barrister will introduce the child and litigation friend. Then, they will ask the judge to approve the agreement.
What Happens When an Agreement Offer Is Made?
In a child personal injury claim , accepting the offer needs a judge’s approval, unlike in adult cases.
- If an offer comes, you, as the child’s Next Friend, must decide, with your lawyer’s advice, whether to accept it.
- You, your child, and your lawyer must go to court. You need to answer the judge’s simple questions about the case and the child’s injury.
If the judge thinks the settlement is good for your child injury claim. They will approve it. If not, the judge will reject it and ask for more bargaining.
Why Do We Need a Barrister’s Advice on My Child’s Settlement Figure?
Before settling, a child’s solicitor must consult a barrister. This is to determine the Child Personal injury claim value. This step ensures the defendant’s offer is fair for the child’s injuries and losses. The barrister reviews medical reports. They assess the injury and extra costs, like travel and medical expenses.
The barrister’s advice also aids the judge during the infant approval hearing. It recommends a fair settlement and advises on its approval.
Once the barrister receives the advice, the parties agree on a settlement. The child injury claim solicitor seeks the County Court’s approval.
What If We Can’t Agree on a Settlement?
If we can’t agree, we’ll have to go to court in a child personal injury claim. We can still talk about settling after the court proceedings. But if we can’t agree, a judge will decide the case. As the Next friend, you may be required to give the following
- Evidence about the incident
- The injuries sustained
- The effect that these have had on your child.
No Win, No Fee Information
You shouldn’t worry about legal fees to get your child injury claims. You might claim a reward for your child’s injury under a No Win, No Fee agreement. If so, you won’t pay anything if the court drops your case or you lose.
How Can We Help Your Child?
The process for child personal injury claims might seem tough. However, with a legal medical witness report from Concise Medico, you can secure needed compensation and support for full recovery. Don’t delay. We work hard to help families get compensation for the best care for injured children due to others’ actions. To talk to a child injury expert, call (1282) 786185.
