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Children's Serious Injury Claims

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Services in: Children's Serious Injury Claims

    • Child Brain & Head Injury Claims

A serious injury will have a significant impact on your child and family, affecting education, work and home life. Our solicitors know how much difference rehabilitation and compensation can make and have helped many families in similar situations.

We’ve represented children who’ve sustained traumatic injuries such as:

  • Brain injuries
  • Spinal injuries
  • Broken bones
  • Amputations.

Our lawyers believe in the importance of providing your child with access to rehabilitation that helps them in their recovery, whatever the nature or cause of their injury. Contact our team of expert lawyers and see how we can help you.

What types of accidents can Irwin Mitchell help with?

Our specialist children’s serious injury solicitors can help you and your child if they’ve been seriously injured. The sort of claims we often help with include:

  • Accidents at school
  • Road traffic accidents
  • Medical negligence
  • Dog and other animal attacks
  • Playground accidents
  • Child abuse
  • Swimming pool accidents
  • Fatal accidents.

The above list isn’t exhaustive, contact our team to see if we can help you make a claim on behalf of your child.

Our child serious injury solicitors take many claims on a no win no fee basis. If your claim is unsuccessful, you’ll have nothing to pay.

Why choose Irwin Mitchell to help with your child’s serious injury claim?

Our personal injury solicitors have secured a total of over £1.5 billion in compensation for our clients. This figure puts us far ahead of any other law firm in the UK.

Our child serious injury solicitors are recognised by leading independent legal guides, The Legal 500 and Chambers and Partners. Both rank our teams as leading personal injury solicitors.

Alongside our legal experts, we’ve a team of medically trained Support and Rehabilitation Coordinators. Their roles include helping our clients find the right support to make the best possible recovery after serious injury.

As a full-service law firm, we’re able to offer support after you’ve made your child’s personal injury claim. You’ll benefit from:

  • Help from specialist education law solicitors in our public law & human rights team
  • Advice on financial planning and personal injury trusts
  • Help to access any means-tested benefits you’re entitled to using our welfare and benefits team.
Accredited serious injury lawyers
Court of Protection and personal injury trust experts
No Win No Fee claims available*
Specialist rehabilitation contacts

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Carolyn Heaton
Carolyn Heaton Partner Meet the team

Serious Injury To Children Claims - More Info

After we’ve talked through your situation, we’ll be able to work out if your child’s injury was somebody else's fault. If we believe that mistakes have been made, we'll get evidence from medical experts to support your case.

Specialist care is an important part of any serious injury claim. We’ll make sure that your child has access to the very best medical support while we continue with the case.

When we calculate how much compensation your child needs, we’ll take into account their injuries, the cost of the support they’ve had so far and what they will need in the coming months and years.

We understand that the full extent of your child’s injury often won’t be clear straight away. We’ll seek interim compensation payments to cover the cost of any specialist care and support they need until we know the full extent of their injury. This means that they’ll receive a rehabilitation and compensation package which covers their needs for life if necessary.

Once we’ve worked out how much compensation your child needs, we’ll negotiate a settlement with the people responsible. If they disagree, we’ll begin court proceedings, and a judge will decide the outcome of the case. Most claims are settled out of court. Even if we do start proceedings, many cases still settle out of court before the hearing begins.

Our dedicated Support and Rehabilitation Coordinators will meet with you to work out what kind of care and support you and your child need. Guiding you through the claims process, we’ll:

  • Assess your immediate 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 of 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’ll always work to get them a rehabilitation and care package that meets their needs.

You can make a claim at any point until your child turns 18. When your child turns 18, they’ve three years to make their own claim.

There are exceptions to this, such as your child:

  • Lacks mental capacity – if they don’t have the mental capacity to make their own claim, there’s no time limits
  • Was injured abroad – different countries have different time limits; you might have shorter than three years to make a claim.

If you’ve any questions about time limits, contact our team to see if you can still make a claim.

We do take some child’s serious injury claims on a no win no fee basis. This means there’s no financial risk to you should your claim be unsuccessful.

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

Frequently Asked Questions

Can I get interim compensation payments for my child?

Yes, wherever possible, we’ll 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. 

What’ll happen to my child’s compensation?

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

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. They're 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 taken care of. We’ve the largest Court of Protection department in the country. We’re 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’re no longer eligible for some means-tested benefits or support because of the compensation they've 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’ll protect their money going into the future and allow them to receive benefits.

Money in a personal injury trust can only be accessed by trustees – normally 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.

Read More FAQs

Related Information - Making A Difference

Child Brain & Head Injury - we can offer advice if your child has suffered a brain or head injury in an accident
Court of Protection - help protect what's important to you and your child
Personal Injury Trusts - protect your child's compensation to ensure a financially secure future
Rehabilitation - help your child access the best care and support

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

About Irwin Mitchell

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We have offices around the UK so wherever you are, our experts can help.

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