If a child is injured as a result of someone else’s fault, they are entitled to make a No Win No Fee compensation claim for those injuries and any financial losses that might be suffered as a result.

The law classes anyone under the age of 18 as being a child.  Children’s claims need special attention because they are subject to extra procedures which are imposed by the court to ensure that the child is protected.

Can I make a claim for compensation for my child?

Any claim for a child has to be made on their behalf,  by a responsible adult.  That is usually a parent but can be a guardian or other relative if they have a close enough connection with the child.  

What happens when I claim for my child?

The vast majority of claims (both for children and adults) are settled by negotiation rather than having to go to trial at court.  For a child’s claim, any settlement needs to be approved by the court.  First, we will get the written advice of an independent barrister who will set out what they think the child’s claim would be worth at court and will then say whether the agreed figure is fair or not.   

If the barrister agrees that the proposed settlement amount is fair, we must arrange for the settlement to be approved by the court.  We will arrange an informal hearing at your local County Court at which the child and the responsible adult will need to attend.  These hearings normally take place in a Judge’s office, which is just like any other office, not a formal court like you see on the T.V. The atmosphere is relaxed (and this is one of the few times we see the Judges smile!).

The Judge will speak to the adult to check that they understand what is happening and that they agree with what is said in the medical evidence. Where appropriate, the Judge may also speak briefly to the child. The Judge will see the written advice of the independent barrister.  

Provided that the Judge is happy that the figure is a fair amount for the child, they will approve the settlement. The Judge will then normally order that the money is to be paid into court funds, where it will be invested and held until the child reaches the age of 18.

It is possible to apply to the court, for a payment out of all or part of the settlement amount, for the benefit of the child. This request can be made orally at the approval hearing or at a later date by letter. The court needs to be satisfied that the money was required for the exclusive benefit of the child and was not something that would fall into what would ordinarily be considered to be matters of routine parental responsibility (for example to buy a new pair of trainers or a treat).

What can I claim for?

You can claim compensation for the pain and suffering caused by your child’s injuries and the effect of those injuries on their day to day lifes. Just like an adult’s claim, a child’s claim for compensation for injuries is based upon medical evidence, which we will arrange for you.  

You can also claim for any financial losses such as medical and travelling expenses.  If you or someone else such as a friend or family member has had to look after your child because of their injuries, it may be possible to claim compensation for that time too.

Watch our video which explains making a claim for a child

What should I do now?

We have extensive experience of acting for children in relation to their claims and will ensure that you understand every part of the process as the claim goes along.  If your child has suffered from an injury which you believe was caused by someone else contact us to start your child's No Win No Fee Compensation Claim.