Child Accident Claims – How much compensation is my Child’s injury Worth?

Every year, thousands of products are recalled due to issues with their production; inadvertently allowing your child to play with a faulty toy could cause injury. Similarly, toys that are incorrectly market to age groups that the toy is inappropriate for have the potential to cause injuries such as choking.

Whatever the circumstances of your child’s accident, contact our team of friendly solicitors and will be able to get you the compensation you deserve. Unlike adults, children aren’t considered capable of looking out for their own safety, meaning it’s highly likely that an accident involving a child will be found to be someone’s responsibility.

How do I make a child accident claim?

As your child’s parent or legal guardian, you have the right to make a claim on your child’s behalf immediately after the accident. If you choose to make a claim for your child, you will act as your child’s ‘litigation friend’, working with your solicitor to come up with a compensation figure that best reflects your child’s suffering and representing your child’s interest in court. If you don’t claim on your child’s behalf, your child will have to wait until they turn 18 to take the case to court themselves.

Our Child Accident Solicitors in Yorkshire  and all over England and Wales, are renowned across the region and are highly experienced in working with families who have experienced all kinds of injury, including Child Brain Injury. Speak to our team today

How much compensation will my child receive?

The amount of compensation your child will be receive will depend entirely on the unique circumstances of your child’s accident. Compensation amounts vary considerably and are influenced by a number of factors including the type of accident, the severity of its impact and the child, and whether the family have had to suffer financially because of the accident. The judge will consider your child’s case carefully to come up with an amount that best suits the circumstances. Attention will be paid to witness statements and medical examinations.

Our compensation calculator will give provisional guidelines regarding the value of the ‘general-damages’ aspect of the compensation you may receive, but unlike the courts, ‘special damages’ are not considered by our, or any compensation calculator.

When will we be able to access the compensation?

Although parents can make personal injury claims on their children’s behalf, they cannot access any of the money that is ultimately awarded to their child. After the conclusion of a successful case, your opponents have to transfer your child’s compensation money directly to the court.  Their money is kept in the court bank account accruing interest until your child reaches 18 years of age. It is possible for parents and children to apply to court to release funds early.  The court will only do this if you can prove that the child will benefit from the money being released.  The court usually only grants such a request to help with medical bills or education costs.

What is the time limit for making a child accident claim?

The standard time limit for making a personal injury claim is three years.  However the rules are a little different for child accident cases as its three years from a child’s 18th birthday.   A person is classed as a child or minor until they reach the age of 18.  In cases involving children, the parents of the child have the right to make a claim on their child’s behalf at any point after the accident until the child turns 18 years of age. If the parents decide against making a claim, the child will have from three years from their 18th birthday to bring their case to court. If you are deciding whether or not you should take your child’s case to court on their behalf, bear in mind that it’s always better to make a claim sooner rather than later. The sooner is a claim is made, the fresher the evidence will be, and the easier it will be to prove someone’s liability.