Child Personal Injury Claim

Child Personal Injury Claims Explained

If a child suffers an injury because of someone else’s negligence, a compensation claim can often be made on their behalf. Whether the accident happened at school, in a public place, on the road or elsewhere, parents and guardians have a legal duty to protect the child’s interests and seek appropriate compensation where necessary.

At Baker Hardman Solicitors, we understand how distressing it can be when a child is injured. Below, we answer some of the most common questions about child personal injury claim and explain how the legal process works.

Who Can Make a Child Personal Injury Claim?

A child under the age of 18 cannot usually make a legal claim themselves. Instead, an adult known as a “litigation friend” must act on their behalf throughout the claims process.

The litigation friend is commonly:

• A parent
• A legal guardian
• Another trusted and responsible adult

Their role is to make decisions in the child’s best interests and communicate with the solicitor handling the case.

What Does a Litigation Friend Do?

The litigation friend supports the child during the claim and provides instructions to the solicitor handling the case. Their responsibilities may include:

• Making decisions on behalf of the child
• Assisting with legal paperwork and court procedures
• Ensuring the child’s best interests are protected at all times
• Helping gather evidence and medical information

In many cases, child injury personal claims can be handled under a No Win, No Fee agreement, meaning there is usually no upfront legal cost to worry about.

What Should I Do After My Child Has Been Injured?

Taking the right steps after an accident can help strengthen a future claim. It is important to:

• Seek medical attention immediately
• Report the incident to the organisation or person responsible
• Take photographs of the accident scene and any injuries
• Keep records of medical treatment and expenses
• Obtain contact details from any witnesses

Early evidence can play a vital role in supporting a successful compensation claim.

Does the Court Need to Approve a Child Injury Claim Settlement?

Yes. Any compensation settlement involving a child must be approved by the court to ensure the agreement is fair and, in the child’s, best interests.

This process is known as an Infant Approval Hearing or Settlement Approval Hearing.

During the hearing, a judge will review:

• The extent of the child’s injuries
• Medical evidence
• The amount of compensation agreed
• How the compensation funds will be managed

Court approval helps ensure the child receives appropriate compensation for their injuries and future needs.

What Happens to the Compensation Money?

In many child injury claims, the compensation is placed into the Court Funds Office until the child turns 18 years old.

The money is securely held and may earn interest over time. In some situations, the court may allow the funds to be placed into a protected savings account or ISA managed by a parent or guardian until the child reaches adulthood.

Find out about Litigation friends: manage a Court Funds Office account here

Can Compensation Funds Be Released Early?

In certain circumstances, an application can be made to access part of the compensation before the child turns 18.

This may be permitted where the funds are needed for:

• Medical treatment
• Rehabilitation or therapy
• Educational support
• Equipment or adaptations that benefit the child

The court will consider whether the request is reasonable and in the child’s best interests.

Is There a Time Limit for Making a Child Personal Injury Claim?

Personal injury claims are generally subject to a three-year limitation period. However, different rules apply to children.

For a child injury claim:

• A parent or guardian can make a claim at any time before the child turns 18
• If no claim is made during childhood, the child has until their 21st birthday to begin legal proceedings themselves

Although there is additional time available, it is usually best to seek legal advice as soon as possible while evidence is still available.

How Long Does a Child Personal Injury Claim Take?

The length of a child injury claim depends on several factors, including:

• The seriousness of the injuries
• Whether liability is disputed
• The child’s recovery progress
• The complexity of medical evidence

In many cases, settlement discussions do not begin until medical experts can provide a clear prognosis regarding the child’s recovery and any long-term effects.

The court may refuse to approve a settlement if there is insufficient medical evidence or uncertainty about the child’s future condition.

Should I Instruct a Solicitor for a Child Personal Injury Claim?

While it is possible to make a claim without legal representation, working with an experienced personal injury solicitor can significantly improve the chances of success.

A specialist solicitor can help by:

• Gathering evidence to support the claim
• Arranging independent medical assessments
• Negotiating compensation settlements
• Managing court approval procedures
• Ensuring the child’s legal rights are fully protected

At Baker Hardman Solicitors, our experienced team provides clear legal advice and compassionate support for families dealing with child injury claims.

Contact us for more information here