It’s part of growing up that children get knocks and bumps from time to time. But sometimes when a child is injured it’s not simply an accident but is someone else’s fault.
If your child has been injured because of something that someone else has done, or not done that they should have, you are entitled to make a No Win No Fee compensation claim on their behalf for those injuries and any related financial losses.
Whether your child has been injured at school, nursery, at a local park, in a shop, in the street, in a road traffic accident or somewhere else, we can give you the help you need.
The law classes anyone under the age of 18 as being a child. Children’s claims need special attention because they are subject to extra procedures which are imposed by the court to ensure that the child is protected.
Can you make a claim for compensation for your child?
Any claim for a child has to be made on their behalf, by a responsible adult. That is usually a parent but can be a relative, guardian or other adult if they have a close enough connection with the child.
What can you claim for?
- The pain and suffering caused by your child’s injuries
- The effect of the injuries on their day to day life
- Any financial losses such as medical and travelling expenses
- If you or someone else has had to look after your child because of their injuries, it may be possible to claim compensation for that time too.
Just like an adult’s claim, a child’s claim for compensation for injuries is based upon medical evidence, which we will arrange for you.
What happens when you claim for your child?
The vast majority of claims (for both children and adults) are settled by negotiation rather than having to go to trial at court. For a child’s claim, any settlement needs to be approved by the court. First, we will get the written advice of an independent barrister. They will set out what they think the child’s claim would be worth at court and will then say whether the agreed figure is fair or not.
If the barrister agrees that the proposed settlement amount is fair, we will apply for the settlement to be approved by the court. We will arrange an informal hearing at your local County Court at which you and your will need to attend. These hearings normally take place in a Judge’s office, which is just like any other office, not a formal court like you see on the T.V. The atmosphere is relaxed (and this is one of the few times we see the Judges smile!).
The Judge will speak to you to check that you understand what is happening and that you agree with what is said in the medical evidence. Where appropriate, the Judge may also speak briefly to your child. The Judge will see the written advice of the independent barrister.
Provided that the Judge is happy that the figure is a fair amount for your child, they will approve the settlement. The Judge will then normally order that the money is to be paid into court funds, where it will be invested and held until your child reaches the age of 18.
It is possible to apply to the court for a payment out of all or part of the settlement amount, for the benefit of the child. This request can be made orally at the approval hearing or at a later date by letter. The court needs to be satisfied that the money is required for the exclusive benefit of your child and is not something that falls into what would ordinarily be considered to be matters of routine parental responsibility (for example to buy a new pair of trainers or an item of school uniform).
What should you do now?
We have extensive experience of acting for children in relation to their claims. We’ll ensure that you understand every part of the process as the claim goes along.
If your child has suffered from an injury which you believe was caused by someone else contact us to start your child’s No Win No Fee Compensation Claim.