Children have accidents all the time - it’s part of growing up. Most of these injuries are nobody’s fault, but sometimes children are hurt because the proper safety measures weren’t in place. We’re here for you if your child has been injured in an accident that was the result of someone else’s negligence and could help you make a child injury claim.
Our team of expert children’s accident solicitors understand that, as a parent or guardian, your main priority is the safety of your children. As well as helping you claim compensation for your child’s injury, we’ll help you get the best rehabilitation and support to make sure they make the best possible recovery. Contact us today to start your child's claim.
We’ve helped thousands of parents and guardians with their claims. In the past, we’ve helped parents and guardians claim when their child has been injured:
- At school, college, or nursery (including school trips)
- In a road traffic accident
- In a public place (e.g. supermarkets, shopping centres, parks, and play areas)
- Due to medical negligence.
We can also help when your child has been seriously injured. Our dedicated child serious injury page outlines how we can help with the most serious of injuries.
We can also accept child injury claims on a no win no fee basis. This means you’ll have no upfront cost and won’t have to pay anything if your claim is unsuccessful. We’ll discuss if you’re eligible for a no win no fee agreement when we first meet with you.
Why choose Irwin Mitchell to help with your child's accident claim?
We’re one of the largest personal injury teams in the UK. Within that team are experts in children's injury claims who know the laws inside and out. They’ll make sure your child gets the compensation they need to fund the best support and rehabilitation available.
We’ve secured billions in personal injury compensation for our clients in recent years. This figure puts us far ahead of our competitors in the personal injury field.
Our Support and Rehabilitation team offer a truly unique service. The team are trained medical experts who’ll be there to identify the support you need and help you get access to that support.
We can assist you in setting up a personal injury trust. By setting up a Personal Injury Trust, you’ll make sure their compensation won’t affect any benefits your child could receive when they turn 18.
We also have an in-house Public Law department that can help with any issues regarding your child’s education and disability entitlements. Our lawyers have helped children and their families with a range of medical and social care issues, such as:
- Community care assessments
- Decision-making on behalf of a child
- Home care
- Personal budgets
- Access to specialist schools/education
- Children’s rights under Part 3 of the Children and Families Act 2014.
Our offices are located across the UK. This means you can meet your specialist in your nearest office. We can also arrange to meet you at an appropriate location, such as a hospital. We’ll always work in a way that’s best for you, this includes arranging phone or video calls if you’d prefer.
Call us for a free initial consultation
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Children's Accident Claims - More Information
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’ll be able to tell you whether we believe you can make a claim and if we think you’ll be suitable for a no win no fee agreement.
There’s no obligation to continue your claim with us after this consultation, but if you do, we’ll start by gathering evidence. The evidence we collect can include:
- Medical records
- Witness statements
- CCTV, if available.
We’ll also use independent medical experts who can advise us on how your child’s injuries might impact their life. They’ll offer advice on what care needs your child will need in the future.
Once we’ve built your case, we’ll take your claim to those responsible. If they accept fault and agree with the compensation amount we’ve presented, we’ll 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’ve 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. We’ll be with you every step of the way.
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’ll 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 have to take to look after your child
- Expenses – for the likes of travelling to medical appointments
- Rehabilitation – to make sure your child makes the best recovery they can, compensation can pay for rehabilitation and support both now and in the future
- Household adaptations – these can help your child live more independently.
When you’re claiming on behalf of your child, you’ve got until their 18th birthday to start the claim. Once they’re 18, they’ll have three years to make their claim.
We always advise you to make a claim sooner rather than later. This is because all the details will be fresh in your memory and evidence easier to gather.
No matter when you make a claim, we’ll be there to support you.
We do offer no win no fee children injury claims. 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 should your claim be 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.
5* Trustpilot reviewI cannot fault the service I have received from Irwin Mitchell. They've been exceptional in the way she has handled a claim for my very young son"
Children's Accident Claims – Jack's Story
Jack was only a baby when his high chair was pushed over in a busy café by an autistic child who was out on a school trip. Jack was strapped into the chair and unable to move as the chair was flung to the floor – he sustained severe head injuries that would have a devastating effect on the rest of his life.
As a result of the accident, Jack suffered permanent hearing loss and behavioural changes. Now aged 11, he is able to attend a mainstream school, but still requires ongoing therapies and specialist equipment to support him with his hearing loss and learning issues.
We secured a settlement from the council in charge of the school, which specialises in teaching children with autistic spectrum disorders. If the school had provided better supervision on the school trip, Jack’s injuries could have been avoided and his life would have been very different.
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“The settlement is a massive relief for us as it means he can get some specialist help with equipment and also some therapies to help him in future. This is vital funding which means we can look positively to the future and help Jack to get the very best from life.”
- Deborah, Jack's Mother
Frequently Asked Questions
Who can claim on behalf of a child?
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 don’t conflict with those of the child. They’ll 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’ll always contact you with any information regarding your child’s case. You’ll also be responsible for telling them what’s happening and listening to what they want and how they feel about the case.
What’ll happen to my child’s compensation?
The compensation your child will receive is normally kept in a protected account that they’ll have access to 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’ll receive their settlement as well as any interest.
If your child needs some of their compensation early - to cover 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.
Related Information - Children's Accident Claims
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.
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