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Guide · Personal injury
Personal Injury Claims for Children: A Guide for Parents
Yes, you can claim for an injured child. A parent, guardian or other suitable adult brings the claim on their behalf as their litigation friend. Any settlement has to be approved by a court to make sure it's fair, and the compensation is usually invested for the child until they turn 18. A child has until their 21st birthday to start a claim, but it's usually best to act much sooner.
When your child is hurt because of someone else's negligence, it's natural to feel worried and unsure what to do. This guide explains who can claim for a child, how the process differs from an adult's claim, and how the compensation is protected.
- Who brings the claim
- A parent or other adult, as litigation friend
- Settlement
- Must be approved by a court
- Compensation
- Usually invested until the child turns 18
- The child at court
- Usually not needed
Can you claim on behalf of a child?
Yes. Children under 18 can't bring a court claim in their own name, so an adult acts for them as their litigation friend. This is usually a parent or guardian, but it can be any suitable adult who doesn't have a conflict of interest with the child.
As litigation friend, you instruct the solicitor and make decisions about the claim for your child. You must always act in your child's best interests.
What accidents can a child claim for?
A child can claim for an injury caused by someone else's negligence. Common examples include:
- Road traffic accidents, as a pedestrian, cyclist or passenger
- Accidents at school caused by poor supervision or unsafe premises
- Injuries in public places, such as parks, playgrounds and leisure centres
- Accidents during organised sports and activities
- Dog bites and animal attacks
- Injuries caused by faulty products
In our £8,500 playground case, a child suffered a deep cut to their leg from broken equipment in a public park.
What's the time limit for a child's claim?
The usual 3-year time limit doesn't start until the child's 18th birthday, so they have until they turn 21 to start a claim. But there are good reasons not to wait:
Evidence can be lost
CCTV is deleted, witnesses forget details and records get harder to find. Acting early protects the evidence your child's claim relies on.
Support when it's needed
If your child needs treatment, rehabilitation or care, a claim can help fund it during childhood, not years later.
We work around recovery
We'll handle the claim sensitively, around your child's treatment and your family's needs.
See our guide to time limits and the exceptions.
How is a child's claim different?
- A court must approve the settlementBecause a child can't make legally binding decisions, any settlement has to be approved by a court, even if both sides have agreed the amount. The judge looks at the medical evidence and the proposed settlement to make sure it's fair to your child. The hearing is usually short, and we prepare everything for it.
- The compensation is protectedOnce approved, the compensation is usually invested for the child, often by the court, until they turn 18. They then receive it, including any interest it has earned.
- Money can be released early if neededThe court can agree to release some of the money before the child turns 18 for things that benefit them, such as treatment or specialist equipment.
- Larger awards may need extra protectionFor serious injuries, the court may decide the money should be managed differently, for example by a deputy appointed by the Court of Protection, or through a trust, depending on the child's needs.
How much compensation can a child receive?
The same principles apply as for adults: general damages for pain, suffering and loss of amenity, and special damages for financial losses. In children's claims, special damages often include:
Treatment and rehabilitation
Ongoing medical treatment, therapy and rehabilitation, now and in future.
Care from parents
The value of extra care parents give because of the injury, even though they aren't paid.
Educational support
Extra support at school or with learning that's needed because of the injury.
Future earnings
If the injury will affect their ability to work as an adult, their future lost earnings.
In serious cases, such as a brain or spinal injury in childhood, future losses can be very large, because they cover a whole working life. See general and special damages.
What if your child is now an adult?
If someone was injured before they turned 18 and no claim was made, they have until their 21st birthday to start one themselves. They no longer need a litigation friend, and No Win No Fee is available on eligible claims in the same way. If you're a young adult who was injured as a child, contact us before your deadline passes.
Claims for children: FAQs
Does my child need to go to court?
Usually not. Most claims settle, and the court approval hearing is normally attended by the litigation friend and the solicitor. The judge may occasionally ask to see the child, for example where there's scarring. If a claim goes to trial, which is rare, children are only asked to give evidence if it's appropriate for their age.
Can I be a litigation friend if I'm not the child's parent?
Yes. A litigation friend can be any suitable adult who can act fairly in the child's best interests and doesn't have a conflict of interest, such as a grandparent, other relative or guardian. If needed, the court can appoint someone.
Who pays the legal costs if the claim isn't successful?
Eligible children's claims are handled on a No Win No Fee basis. If the claim doesn't succeed, you don't pay our fees. Insurance can protect against certain other costs. We'll explain everything before you sign. See No Win No Fee explained.
Can I claim if my child was injured at school?
Possibly. Schools must take reasonable care of pupils, including supervising them properly and keeping the premises safe. If your child was hurt because the school didn't do that, you may be able to claim against the school, academy trust or local authority. Not every accident at school is someone's fault, so we'll look at what happened.
Why does a court have to approve the settlement?
Because a child can't make legally binding decisions, the court checks that the settlement is fair and in the child's best interests before it's finalised. This protects children from accepting too little.
When does my child get the compensation?
Usually when they turn 18. Until then, the money is normally invested for them, often by the court. Some of it can be released earlier, with the court's agreement, for things that benefit the child, such as treatment or equipment.
Has your child been injured?
Talk to our team for free, with no obligation. We'll explain whether you can claim for your child and guide you through each step, including court approval. Eligible claims are handled on a No Win No Fee basis.