If a child is injured in a car accident, they could be entitled to file a personal injury claim and be awarded a level of compensation to suit the injuries they sustained in the incident. Because there is very little information regarding child car accident personal injury claims, you may not be aware that this is possible.
To find out more about child car accident claims and what would be needed in the way of proof to ensure that a case would be valid, please read on.
Who Can File a Child Car Accident Claim?
The law in the UK states that a child/minor may not file a personal injury claim but a parent or anyone over the age of 18 years old who is responsible for the child, may do so on their behalf. The legal term for the person who files a claim on behalf of a minor is referred to as being the child’s “litigation friend”.
Should a child’s car accident injury have been caused through the negligence of a third party, they can file for compensation by making a personal injury claim against the third party when they turn 18 years of age and could do so up until they are 21 years old.
Can Damages and Losses Be Included in a Child Car Accident Claim?
If you are acting on behalf of a child who was injured in a car accident because you are deemed to be their “ligation friend” or you have turned 18 and now want to seek compensation for the car accident injuries you sustained when you were a minor, there are specific things that you can include which are as follows:
- General damages – these cover the car accident injuries you suffered as a minor. The severity of the injuries and the prognosis would be factored into the amount of general damages that would be awarded
- Special damages – these cover the financial impact the car accident injuries had on you. This would include both medical expenses and travel costs that can be directly linked to the injuries sustained in the car accident. Special damages would also be awarded for any damage to property as well as any future expenses that may have to be met such as ongoing medical care and predicted losses of any earnings should the injuries sustained prevent the injured party from working. Special damages also cover all other costs and expenses that can be directly linked to injuries sustained in car accident as a child
If you need advice on how to go about filing a personal injury claim on behalf of your child, you should contact a solicitor who would provide vital advice on what you need to do so that your case would be upheld.
Who Manages The Child Car Accident Compensation That is Awarded?
The compensation that is awarded in personal injury claims that involve children/minors, must go before an “Infant Approval Hearing” which takes place before a judge in a court that is local to you. The process is in place to ensure that an injured child is awarded the correct level of compensation which is then placed in an approved trust until the child turns 18 years of age.
Should a minor require specific needs, a parent/guardian or the person who is responsible for the welfare of the child, may withdraw the necessary funds to meet a child’s needs. This must be done through the courts by sending a written request for the release of the required funds. A solicitor acting on your behalf would submit the request to the courts and it is best to leave this up to a legal expert because they are aware of how an application has to be made.
What is the Procedure To Claiming Compensation For a Child Car Accident Injury?
If you are unsure on how to proceed with a child car accident injury claim, a course of action you could take is to contact solicitors who can provide essential advice on what needs to be done so validate a claim. You would be offered a free, initial consultation and should you decide not to proceed with your case, you would be under no obligation to do so.
Once a solicitor is happy that you have enough evidence to prove your case, they would typically offer you No Win No Fee terms when representing you. The Conditional Fee Agreement you sign would lay out exactly what the solicitor would do for you when making an personal injury claim whether you are acting on behalf of an injured child or you have turned 18 and would like to file for compensation yourself.
You would be advised on the sort of evidence you would need to provide which would include the following:
- Witness statements from all the people who saw the car accident
- Medical reports prepared by a doctor or other medical professional who treated your injured child
- Police reports of the car accident in which your child suffered injuries
- Photos of the injuries sustained and where the car accident occurred
- Insurance details of the third party involved in the car accident if this applies
The more evidence that can be provided in support of a child car accident claim, the stronger a case would be. It is also worth noting that the more proof you have to support a personal injury claim for compensation for an injured child, the better the chance would be that a solicitor would agree to work on your case on a No Win No Fee basis.
What Time Limit is there to Filing a Child Car Accident Injury Claim?
The normal time limit for personal injury claims to be filed stands at 3 years from the date of an incident in which a person/adult is injured. However, when a child suffers an injury in a car accident whether minor or more severe, the time limit for a claim to be filed differs. The reason being that “minors” can wait until they turn 18 years of age to file a personal injury claim which means they can do so right up to the time they are 21 years old.
However, a parent or what is referred to in law as a “litigation friend” may act on a child’s behalf before they turn 18, should a child who has been injured in a car accident wish to file a personal injury claim and receive compensation before they turn 18 years of age. The amount that may be awarded would depend on the severity of the injury sustained and the long-term prognosis.
How Do I Start a Personal Injury Claim for a Child Who Suffered Severe Injuries in a Car Accident?
When an adult is involved in a road traffic accident it can result in them suffering a worrying level of trauma. However, when a child suffers injuries in a car accident, it is often that much worse. Should the accident have been caused by a third party through their negligence, it could entitle you to claim compensation on behalf of an injured child.
Should a child have suffered severe injuries in a car accident, they could be life-changing for both the child and their family members. As such, seeking compensation can alleviate any financial hardships caused to both an injured child and their loved ones.
Solicitors with the necessary legal expertise to handle what is often a delicate and sensitive personal injury claim that involves children who suffer injuries in a car accident should be contacted for legal advice. The child car accident compensation you could be awarded would ensure that all medical costs, travel expenses and the cost of ongoing, long-term treatment/therapy is catered for which in turn allows you to place your full focus on caring for your injured child’s needs.
The personal injury compensation you are awarded would also factor in the cost of any home and vehicle adaptations that may be required should the injuries your child sustained mean these need to be done so that life is made that much easier for everyone concerned.
Would a Lawyer Offer Me No Win No Fee Terms if I Make a Child Car Accident Claim?
Providing there is sufficient evidence to support a personal injury claim that involves a child who was injured in a car accident, a solicitor would ordinarily offer to work on your case by offering No Win No Fee terms. This means that the only time you would have to pay any money for the legal representation you receive from the solicitor who represents you, is when you are awarded the child car accident compensation you seek and the amount which is known as a “success fee” is deducted from the money that is awarded to you.
A solicitor would first need to establish that the injuries a child suffered in a car accident were caused by a third party which would be achieved in an initial consultation that is typically free of charge. It is also worth noting that should you not wish to pursue your personal injury claim, you would be under no obligation to do so.
Signing a No Win No Fee agreement with a solicitor also means you would not have to pay any fees whether upfront or ongoing and should a personal injury claim be unsuccessful, the “success fee” would be waived which means you are able to file a claim without any financial risk.
If you would like more information about being a “litigation friend”, please follow the link provided below which takes you to the Government website:
To find out more about the law regarding personal injury compensation that is awarded to a child injured in a car accident, please follow the link provided below: