Has Your Child Been Injured in an Accident That Wasn’t Their Fault?

When your child is injured, your first thought isn’t about making a compensation claim. It is about making sure they are safe, getting them better and understanding whether there will be any lasting effects.

For many children, thankfully, injuries heal and life gets back to normal.

For others, an accident can have a longer-lasting impact. They may need treatment or rehabilitation, miss school, struggle with activities they previously enjoyed or, in more serious cases, face difficulties that could affect them as they grow into adulthood.

If your child has been injured in an accident that wasn’t their fault, they may be entitled to compensation.

At Browell Smith & Co Solicitors, our specialist Personal Injury team has many years of experience handling claims for injured children and supporting their families through what can be a worrying and unfamiliar process.

We are here to take that worry away wherever we can.

When can you make a compensation claim for a child?

Children can be injured in many different circumstances.

We can advise on child injury claims involving:

• road traffic accidents;
• children injured as passengers;
• pedestrian and cycling accidents;
• accidents at school or nursery;
• accidents in playgrounds or public places;
• slips, trips and falls;
• defective or unsafe equipment;
• accidents during organised activities;
• dog attacks; and
• serious or life-changing injuries.

You don’t need to know whether someone was legally at fault before speaking to us.

Tell us what happened. We will listen, investigate the circumstances and explain whether we think your child may have a claim.

How is a child’s injury claim different?

There are special rules designed to protect children who receive compensation.

Usually, a parent or guardian acts as the child’s “litigation friend”. This simply means that you instruct us and make decisions about the claim in your child’s best interests. Under CPR Part 21, a child will generally have a litigation friend to conduct legal proceedings on their behalf.

We will investigate the accident, obtain the medical evidence your child needs and consider the impact of the injury.

If compensation is agreed while your child is under 18, the settlement will normally need to be approved by a judge. This is an important additional safeguard to make sure the settlement properly protects your child. The court also oversees how money recovered for a child is dealt with.

It may sound complicated, but we will take care of the legal process and explain everything to you in plain English

What compensation can my child receive?

Every child and every injury is different.

Compensation can be awarded for your child’s injury, pain and suffering and the impact the accident has had on their everyday life.

Depending on the circumstances, we can also consider the cost of:

• medical treatment;
• physiotherapy and rehabilitation;
• psychological therapy;
• care and assistance;
• travel;
• specialist equipment;
• educational support; and
• other expenses caused by the accident.

Where a child has suffered a serious injury, we need to look much further ahead.

What if we don’t yet know how the injury will affect our child?

This is a particularly important consideration in claims involving children.

Children are still growing and developing. With some injuries, it may be difficult to know immediately what the long-term consequences will be.

An injury suffered at 8 or 10 years old may look very different when that child reaches 16, 18 or 21.

For more serious child injury claims, our job is therefore to look beyond what your child needs today.

With advice from appropriate medical and other experts, we can consider how the injury may affect your child’s:

• physical and psychological development;
• education;
• independence;
• future treatment and rehabilitation;
• care and support needs;
• future ability to work;
• future earnings; and
• accommodation or equipment needs.

Sometimes the right approach is to allow sufficient time for the medical position to become clearer before a final settlement is considered.

We will advise you carefully about this. Our priority is to make sure your child’s claim properly reflects their future, not simply how things appear today.

Helping your child recover

Compensation is important, but as a parent your priority is likely to be helping your child get better.

It is ours too.

Where appropriate, we can explore whether rehabilitation or treatment can be accessed while the claim is continuing.

That could include physiotherapy, psychological support, specialist treatment or more extensive rehabilitation following a serious injury.

In appropriate cases, we can also consider seeking an interim payment before the claim is finally settled. This can potentially help fund rehabilitation, treatment, equipment, care or other immediate needs.

The aim is not simply to secure compensation at the end of a case. Where possible, we want the claims process to help support your child’s recovery along the way.

Is there a time limit for making a child’s injury claim?

Special time-limit rules generally apply when someone is injured as a child.

Unlike an adult’s personal injury claim, the usual three-year limitation period generally does not begin to run while the injured person remains under 18. There can, however, be different rules for particular types of claims.

It is still sensible to seek legal advice as soon as you can. Evidence can disappear, memories can fade and witnesses can become more difficult to find.

Speaking to us does not commit you to making a claim. It simply allows us to explain your options and whether any time limits need to be considered.

Your child is in safe and experienced hands

We understand that choosing a solicitor to act for your child is different from choosing one for yourself.

You need to know that the person handling the claim has the experience to protect your child’s interests, but you also want someone you and your family feel comfortable talking to.

At Browell Smith & Co Solicitors, our experienced Personal Injury team has represented injured people and their families for more than 30 years.

Our solicitors have many years of experience in handling claims involving children, including serious and complex injuries. We understand that these cases require patience, careful preparation and, above all, an appreciation that we are dealing with a young person’s future.

We also understand the impact an accident can have on the whole family.

There may suddenly be hospital appointments, time away from school, sleepless nights and uncertainty about what happens next. Parents may also find themselves juggling work with caring responsibilities and numerous medical appointments.

You don’t need to navigate the legal side of things on your own.

We will be there to guide you.

For a straightforward injury, we will aim to make the claims process as simple and stress-free as possible.

For a serious injury, we can work with medical, rehabilitation and other experts to understand what your child may need in the months and years ahead.

We will explain things clearly, answer your questions and keep you informed. We will also take the time to get to know what matters to your child and your family.

We have supported families through this process for many years.

Your child’s claim, and their future, will be in safe and experienced hands.

Can my child’s claim be dealt with on a No Win No Fee basis?

In appropriate cases, we may be able to deal with your child’s personal injury claim under a No Win No Fee agreement, subject to an assessment of the case and the terms of the funding arrangement.

We will explain the funding arrangements clearly before you decide whether you want us to proceed.

There is no pressure and no legal jargon. We want you to feel comfortable with the decisions you make for your child.

Has your child been injured? We’re here to help

If your child has been injured in an accident that wasn’t their fault, you don’t need to know whether they definitely have a compensation claim before picking up the phone.

You can simply talk to us.

Tell us what happened, ask us the questions that are worrying you and let us explain how we may be able to help.

Whether your child is expected to make a full recovery or you are facing uncertainty about what their injury could mean for the future, our specialist Personal Injury team will be there to support you and your family through the process.

At Browell Smith & Co Solicitors, we have more than 30 years’ experience of helping injured people. We understand how important your child’s future is, and we will treat their claim with the care and attention it deserves.

Speak to our Personal Injury team for an initial conversation about your child’s accident and find out how we can help.