Personal Injury Claims for Children

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

A Guide for Parents: Claiming Compensation For Your Child’s Injury

When a child is injured because someone else acted carelessly, the law in England and Wales gives parents a route to personal injury claims for children. However, as children deserve extra protection, a personal injury claim for a child follows specific rules, timelines and safeguards. Anyone under the age of 18 cannot bring a claim themselves and an adult needs to step in to represent them in the role of a litigation friend.

The law recognises that children are more vulnerable, less able to articulate symptoms, and more likely to suffer long‑term consequences from an injury. Because of this, the claims process is designed to be more structured and more closely supervised by the court.

Our guide explains the key features of child injury claims, how these may differ from adult personal injury claims and the practical next steps for parents who are ready to take action if their child has been injured.

Types of Personal Injury Claims Involving Children

Child injury claims arise in many everyday situations. Here are some of the most common categories:

• Road traffic accidents: Children may be injured as passengers, pedestrians, cyclists, or while using scooters.
• Accidents in public places: Playgrounds, parks, shops, and leisure centres must be kept reasonably safe.
• School and nursery accidents: Slips, falls, unsafe equipment, poor supervision, or sports injuries.
• Medical negligence: Misdiagnosis, delayed treatment, birth injuries, or medication errors.
• Defective products — Toys, furniture, prams, or sports equipment that fail or cause harm.

Each type of claim requires evidence showing that someone owed the child a duty of care and breached it. The standard is always what a reasonably careful person or organisation should have done to keep a child safe.

What Is a Litigation Friend?

A litigation friend is an adult who makes decisions in the child’s best interests throughout the claim. This is usually a parent, but it can also be a guardian, grandparent, or another responsible adult.

A litigation friend must:

• Act honestly and fairly
• Prioritise the child’s welfare over their own views
• Assist the solicitor by providing information and evidence
• Approve settlement decisions (subject to court approval)

The court may ask the litigation friend to sign a short declaration confirming they understand their responsibilities. This safeguard ensures the child’s interests remain at the centre of the process.

How Do Child Claims Differ from Adult Claims?

Child injury claims follow a stricter and more protective structure than adult claims. The three major differences are the time limit, court approval, and how compensation is held.

1. Time Limit: Children Have Longer to Claim

This is perhaps the standout difference between adult and child claims. Adults normally have three years from the date of injury to start a claim. But for children, the rules are different:

• The three‑year limitation period does not begin until the child turns 18.
• This means they have until their 21st birthday to bring a claim.
• A parent can bring the claim at any time before the child turns 18.

This extended period recognises that children may not understand the impact of their injuries until later. However, starting early is almost always better because evidence is fresher and witnesses are easier to trace.

2. Court Approval of Settlements

Unlike adult claims, every child settlement must be approved by a judge, even when both sides agree on the amount. This is known as an infant approval hearing and the judge will:

• Review medical evidence
• Consider the long‑term impact of the injury
• Check that the compensation is fair
• Ensure legal fees are reasonable
• Decide how the money should be protected

These hearings are usually short, informal, and held in private. The child often attends, but it is not mandatory.

3. Compensation Held on Trust

Once approved, the compensation is normally paid into the Court Funds Office, where it is held on trust until the child turns 18. This protects the money from misuse and ensures it is available when the child becomes an adult.

In some cases, the court may allow early access to funds for the child’s benefit, such as:

• Specialist medical treatment
• Educational support
• Mobility aids
• Therapy or counselling

The litigation friend must apply to the court and show why the expenditure is necessary.

Real‑Life Examples (Anonymised)

Example 1: Road Traffic Collision

A five‑year‑old pedestrian, “C”, was struck by a reversing car in a supermarket car park. Liability was disputed, but CCTV confirmed the driver failed to check mirrors. The claim settled for £12,000.

Children are unpredictable, but drivers still owe them a heightened duty of care, especially in areas where children are expected to be present.

Example 2: Playground Accident

A seven‑year‑old boy, “A”, fell from a climbing frame when a missing bolt caused a platform to collapse. His arm fracture healed well, but he developed a fear of playgrounds. The council accepted responsibility. The court approved a settlement of £7,500, which will be released to him at 18. The court also authorised the early release of a small portion of the settlement to fund child-friendly therapy sessions.

Psychological injuries in children may often surface gradually. The claim can fund early therapeutic intervention when the circumstances justify it.

Example 3: School Sports Injury

A 12‑year‑old girl, “B”, suffered a knee injury during PE when a teacher allowed a contact sport without proper supervision. She required surgery and may develop early arthritis. The court approved a settlement of £28,000.

The medical evidence and settlement valuation must account for long-term risks, even when those risks remain uncertain.

Next Steps for Parents Considering a Claim

If you believe your child has been injured due to negligence, the following steps will help you to build a strong case:

• Gather evidence: Photos, witness details, accident reports, medical records.
• Seek medical attention: A GP or hospital visit creates an essential record and medical records are often regarded as vital evidence.
• Record symptoms and impact: Keep a diary of pain, sleep issues, behavioural changes, or missed school.
• Speak to a specialist solicitor: We work with experienced personal injury solicitors who  offer a free, initial consultation to assess your child’s case.
• Consider early rehabilitation: Physiotherapy, counselling, or occupational therapy may be available through the claim.

A solicitor will guide you through the process, help you act as litigation friend, and ensure the settlement reflects both current and future needs.

How We Can Help Today

The child injury claims system in England and Wales protects young people at every stage. The extended time limit, mandatory court approval, and careful handling of compensation all exist to ensure fairness and long‑term security for the child. As a parent, your role as litigation friend gives you the power to advocate for your child’s wellbeing, both now and in the future.

To discuss your potential claim in confidence in a free, no-obligation consultation, contact our professional and caring team on 0333 358 3034 or complete our online contact form.