Child injury claims
Children's injury compensation claims
At Hugh James, we understand the impact trauma can have on a child and their family. Our specialist team know the importance of ensuring your child has access to everything they need for recovery.
Children are injured through no fault of their own every year. This includes spinal injuries, brain injuries, polytrauma ( i.e., multiple injuries) and amputations. Injuries caused in incidents are usually deserving of personal injury compensation claims. We believe every child should receive the rehabilitation and compensation they deserve following an injury and help families with children who have suffered traumatic injuries caused by:
- Road traffic collisions
- School accidents
- Cycling accidents
- Harm from a dangerous product
- Criminal assaults
- Rail accidents
- Playground/sporting accidents
- Fatal accidents
Whatever the nature of their injury, every child has the right to enjoy a healthy childhood and education as comfortably as possible. Any incident in which a child suffers injury is distressing and will often have long-term effects on the child and their family.
Many parents and guardians are unaware if they can make a claim on behalf of their child. In fact, they are entitled to do so for any dependant under the age of eighteen. Claiming on behalf of a child makes the parent their ‘litigation friend.’ A parent or guardian cannot act as a litigation friend if they are responsible for the incident. Once a child reaches their eighteenth birthday, they have three years to pursue a claim themselves if one has not already been made. Children that are under eighteen and working can also claim compensation due to workplace injuries.
We have a skilled and empathetic team of legal professionals on hand to support you with your child injury compensation claim. Seeing a child in pain or emotional unease is heart wrenching for a parent or guardian, and it is natural to want to help their recovery, physically and mentally. A child injury compensation claim can provide financial support to access the best rehabilitation professionals and make treatment more accessible for the child.
Selecting the right professional to represent your child when making a claim for compensation is integral. Our team has the expertise, compassion, and dedication to support you through the claim process. We offer sensible advice about your child`s legal rights and establish realistic goals for your child’s medical recovery, education and compensation.
What is the cost of bringing a claim for compensation for a child?
It costs nothing to get an initial opinion on whether you should bring a claim on behalf of your child. After an initial assessment has been carried out, we will advise you whether we consider there is a reasonable chance of a claim succeeding and you can then decide whether to instruct us to act on your child’s behalf.
If you choose to do so, we will offer to represent your child on a “no win, no fee” basis where possible, which means you will not be charged legal fees if your child’s claim is unsuccessful. If your son or daughter wins their case, compensation will be awarded to them. A success fee will be deducted from that compensation and the balance of the legal fees will be covered by the defendant.
We understand that the cost of bringing a claim is a concern to all our clients and it can be daunting. Therefore, before you decide to instruct us on behalf of your son or daughter, we will discuss with you fully how the claim will be funded and answer any questions you may have.
How do I start a compensation claim on behalf of my child?
During the free, no obligation consultation our specialist solicitors will discuss with you whether your child could make a claim, considering the facts of your child’s case. If it looks like negligence (blame) can be established, we will discuss the options available to you, as your child`s representative, and provide you with a step-by-step breakdown of the steps needed to proceed with a claim.
Why choose Hugh James for your child’s claim?
Hugh James has extensive experience in handling compensation claims for children that have suffered serious injuries, both in the UK and abroad. Our team of specialist lawyers provide expert advice and services to ensure that your child receives the best possible outcome .We will ensure that your child gets the best care, treatment and rehabilitation following a serious injury.
Our lawyers have been consistently ranked in the top tiers by the independent legal guides, Legal 500 and Chambers and Partners, as leaders in the field of personal injury and specifically catastrophic injury litigation.
We have offices in London, Cardiff, Southampton, Manchester and Plymouth and can represent clients without the need for lengthy face-to-face meetings.
Our specialist team includes welfare benefits advisors and a qualified social worker who can assist with all kinds of immediate financial challenges and practical needs.
We offer free initial advice and guidance, without obligation and no win, no fee agreements should the claim proceed.
Our specialist solicitors can advise you on the following:
- the Hugh James Emergency Fund and how it can assist you and your family;
- obtaining private rehabilitation;
- your child`s compensation;
- interim payments;
- welfare benefits and other financial support;
- education, health & care plans (EHCPs);
- charities that can assist;
- investigating any medical or other insurance cover that your child may benefit from;
- social services and local authority funding for care and equipment; and
- human and disability rights.
Key contacts
Cari Sowden-Taylor
Partner
Joint Head of the Serious Injury Team
Expertise:
Cari is a Partner and Joint Head of the National Serious Injury Team, and specialises in representing adult and child claimants who have sustained life changing injuries such as traumatic brain injuries, spinal injuries, limb loss and polytrauma following road traffic collisions, injuries at work and assaults.
Ciaran McCabe
Partner
Joint Head of the Serious Injury Team
Ciaran McCabe is a Partner and joint head of the National Serious Injury Department. The department was awarded Claimant Catastrophic Injury Team of the year at the PI Awards in 2021. He has specialised for over 20 years in assisting both adults and children, through England and Wales, who have sustained life changing injuries to the brain, spinal cord and limb loss.
Your questions answered
The process can be a lengthy one, requiring detailed evidence to show the full impact on your child and the rest of your family. Your lawyer will do all the demanding work for you, but your child may need to meet with specific experts to show what has happened to them. Your child’s claim may go to court if a settlement cannot be reached through out of court negotiations. Most cases do settle out of court.
Choosing the right lawyer who is a specialist in child injury claims is key to ensuring the process is effectively managed. Do not be afraid to ask them about their experience, and past cases they have dealt with especially work they have undertaken working with insurers under the Rehabilitation protocol.
A lawyer who is used to dealing with the insurance companies and defendant solicitors who work in this area will fight on your child’s behalf from day 1, seeking an early admission of liability, ensuring the claim will receive early interim payments to pay for things you need for your child’s rehabilitation, treatment and daily living and progressing the claim to obtain the highest possible award of compensation.
Your child`s lawyer will travel to meet with you face to face, regardless of where they are based and will also use video calls, telephone, email, and other methods of communication to suit your wishes.
We recognise that it is important to have regular communication with you, so you feel informed and in control of your child’s case.
We recommend that you contact a solicitor as soon as possible. This is because personal injury cases are subject to strict time limits.
Commonly, the time limit is three years from the date an incident occurred, or from the date you were diagnosed. The rules can be extremely complex, and it will be difficult to know which time limits apply to your child`s claim until further investigations are made. In some cases, these limits can be extended depending on the circumstances so do not just assume you are out of time. You should still seek legal advice so it can be investigated.
Your free initial appointment with Hugh James will allow us to explore whether your child`s case is within the required time limits or subject to any exceptions.
The general rule is that a claim can be made up until the child`s 21st birthday. As mentioned, claims relating to children must be made by an adult acting as their representative.
If a claim is brought on behalf of someone who does not have mental capacity, the three-year time limit does not apply. If, however, mental capacity is regained, the three-year period will start at this time. This is a complex area and if this applies in your case, we will explain to you what this means and take the necessary steps to protect your position.
We will discuss time limits with you during the initial consultation.
It is important to remember that every case is unique, and no two people are affected by trauma in the same way. We will look at compensation for your injury child`s as well as the financial losses that your child and your family have now and will face in the future because of the incident. These are known as General Damages and Special Damages.
GENERAL DAMAGES
This part of the claim is to compensate your child for the injury itself; the pain and suffering that they have gone through and will continue to experience. It also considers what they would have been able to do had it not been for the incident.
So that we can accurately assess this part of the claim, we will arrange for your son or daughter to undergo medical assessments from leading specialists. They will examine your child and have access to their medical records and be able to provide an accurate diagnosis and prognosis within their reports. Once we have this evidence, we will be able to advise you how much we think your child`s claim is going to be worth.
SPECIAL DAMAGES
This part of the claim looks at past and future financial losses that have already been incurred or will be incurred as a direct result of the incident which caused your son or daughter`s injuries.
Past losses can include:
- private medical treatment and rehabilitation
- prescription charges/medication
- the purchase of aids and appliances
- loss of earnings
- travel expenses
- care costs
- personal belongings and clothing damaged in the incident
- housing adaptions.
Future losses can include:
- care
- education costs
- loss of earnings
- loss of pension
- accommodation costs
- future private medical treatment and rehabilitation
- aids and appliances.
These lists are not exhaustive. We will consider everyone’s individual and unique circumstances to ensure everything is included.
It is helpful to start keeping a list of things that you have had to pay for as a direct result of the incident. We will need to prove all financial losses and documentary evidence such as wage slips, receipts and invoices will be especially important to prove your special damages claim. It may also be sensible to keep a log or brief diary of problems that you encounter day to day.
Next steps
We’re here to get things moving. Drop a message to one of our experts and we’ll get straight back to you.
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