Children’s Accident Claims

Yes, you can make a no win no fee claim for a children’s injury. These are offered on a case-by-case basis, and we’ll let you know if we think your child’s claim is suitable for one.

The benefit of no win no fee claims is that there’s no financial risk to you should your claim be unsuccessful. It involves setting up an insurance policy at no added cost. This is to protect you financially if your claim is unsuccessful.

If you’ve got legal expenses, insurance or are covered by a trade union policy, you could be better covered by using these funding options. It’s worth checking your home insurance because it sometimes includes legal expenses insurance.

Claims on behalf of a child under 18 must be made by a ‘litigation friend’. The court can appoint anyone to be a litigation friend, including:

• Parents and guardians
• Family members and friends who are over 18
• Solicitors
• Professional advocates (e.g. an Independent Mental Capacity Advocate - IMCA)
• Court of Protection deputies
• Someone who has lasting power of attorney.

The court will always check if you’re suitable to be a litigation friend and will make sure that your interests aren’t in conflict with those of the child. They will also make sure that you can make decisions relating to the case fairly and competently.

If the court permits you to be a litigation friend, we will always contact you with any information regarding your child’s case. You will also be responsible for telling them what’s happening and listening to what they want and how they feel about the case.

When you first contact us, we’ll arrange a free initial consultation where we can discuss in more detail what’s happened to your child. We will be able to tell you whether we believe you can make a claim and if we think a no win no fee agreement will be suitable.

There’s no obligation to continue your claim with us after this consultation, but, if you do, we will start by gathering evidence. The evidence we collect can include:

• Medical records
• Witness statements
• CCTV, if available.

We will also use independent medical experts who can advise us on how your child’s injuries might impact their life. They will offer advice on what care needs your child will need in the future.

Once we have built your case, we will take your claim to those responsible. If they accept fault and agree with the compensation amount presented, we will be able to settle your claim immediately.

We can also work to get interim payments while we finalise your claim. These can be used to pay for ongoing care and cover any loss of earnings you have had while looking after your child. Any interim payments will be taken from your final compensation amount.

If they don’t accept fault or disagree with us on the compensation amount, we can take your claim to court. This is often a last resort, but is needed in some cases. Even when a trial date is set, claims can still be settled out of court. No matter what, we will be with you every step of the way.

The compensation your child will receive is normally kept in a protected account that they will be able to access when they turn 18. Any compensation will have to be agreed to in an infant approval hearing before the money can be paid out.

During your child’s infant approval hearing, the judge will consider all the evidence to see if they believe the compensation amount is right.

Sometimes, your child might need to attend the hearing, but this depends on their age and the severity of their injuries.

The court will hold any compensation that’s awarded to your child until they turn 18. When they turn 18, they will receive their settlement as well as any interest.

If your child needs some of their compensation early to cover the likes of care costs, for example, we can help you make an application to the court. The judge will decide whether this is in your child’s best interests or not.

By making a personal injury compensation claim on behalf of your child, you can access funds to help cover expenses and any medical treatment your child might need.

Every compensation amount is different. There are several factors we will consider when presenting a compensation amount to those responsible. This includes:

• Private medical treatment: To help speed up and maximise recovery
• Home tutors: If your child has to take a lot of time off school, compensation can pay for tutoring to help them keep up with their work
• Loss of earnings: For any time off work you take to look after your child
• Expenses: For the likes of travelling to and from medical appointments
• Rehabilitation: To make sure your child makes the best recovery possible, compensation can pay for rehabilitation and support both now and in the future
• Household adaptations: These can help your child live more independently.

When claiming on behalf of your child, you have until their 18th birthday to start the claim. If they’re already 18, they will have three years from the date of the accident to make the claim themselves.

We always advise you to make a claim sooner rather than later. This is because all the details will be fresher in your memory and evidence will be easier to gather.

No matter when you make a claim, we will be there to support you.