Serious Injury to Children Claims

The evidence we will need for your child’s serious injury claim will need to prove liability and causation.

Evidence can include:

• Medical records
• Accident details
• Photos
• CCTV or other footage
• Receipts for travel, care costs, specialist equipment.

While it’s helpful if you can provide any evidence, we understand that at the time of an incident, it might not be at the forefront of your mind. Our team will be able to collect evidence to support your claim.
 

We do take some child’s serious injury claims on a no win no fee basis. This means there will be nothing to pay if your claim is unsuccessful.

There are other funding options and one of these could be more suitable for you. We will run through all the available funding options and help you decide what’s best for you.

Yes, wherever possible, we will seek interim payments until your child’s claim has finished. They could cover the costs of:

• House adaptations (or moving to specially adapted purchased or rented accommodation)
• Specialist equipment to aid your child’s rehabilitation
• Professional care and support

Our dedicated support and rehabilitation coordinators will meet with you to work out what kind of care and support you and your child need. As we guide you through the claims process, we will:

• Assess your short- and long-term needs
• Liaise with local care providers
• Give you practical support with day-to-day issues
• Monitor the progress of your child’s rehabilitation
• Advise you on benefit applications, reviews and appeals

In our Public Law team, we also have specialist education solicitors who can help you with community care funding and education support. We can:

• Advise you on how to approach social services for the care and support your child needs
• Act as an advocate on your behalf, putting forward your child’s case for care

We understand the importance of making sure your child’s future is secure. That’s why we will always aim to get them a rehabilitation and care package that suits their needs.

Your child’s compensation will be invested until they are 18, during which time it will collect interest. The court may consider making earlier payments if you need to pay for things like medical treatment or a specific educational need (SEN).

If your child’s injury will affect their ability to manage their money as an adult, their finances will be managed by the Court of Protection. This is a legal body dedicated to helping those who lack the mental capacity to manage their own finances.

The Court of Protection will appoint a financial ‘deputy’ (normally a close relative like a parent) to make sure that your child’s finances are properly handled. We have the largest  Court of Protection  department in the country, so we are well-equipped to guide you through the process of managing your child’s compensation and appointing a deputy.

When your child reaches the age of 18, you might find they are no longer eligible for some means-tested benefits or support because of the compensation they have received. To make sure they don't lose their entitlement to some benefits, you can put their compensation funds in a Personal Injury Trust. This will protect their money going into the future and allow them to receive benefits.

Money in a trust can only be accessed by trustees, namely the child themselves, the parents, or a solicitor. Each trustee must agree about the use of the trust’s funds. Our Court of Protection team can help you set up a Personal Injury Trust for your child.