Accidents And Children

We have solicitors that have handled very many child accident claims over the years. Whilst the law is the same for all types of personal injury claims, we expect children to be protected better. If they are not, then children may be entitled to compensation where an adult might not have been. Our child accident solicitors can help you to decide whether you are entitled to make a claim. If you can, claiming will not cost you and all of your child's compensation will be protected.

Read on for a brief explanation of legal terms and a child's rights in a compensation case:

  • No child under the age of 18 (legally known as a 'minor') is entitled to pursue a claim without the involvement of a parent or a legally approved adult, and any agreement between a solicitor and a minor is not seen as legally binding
  • Adults who are nominated by the minor or by someone in a position of responsibility for the minor (usually a parent or guardian) are referred to as a 'Litigation Friend'
  • A minor can pursue a compensation claim, at any time after the incident, until the age of 21. For example, if the accident occurs when the minor is 12, they have up to nine years to make a complaint.
  • Once a child reaches the age of 18, they are considered an adult and are given until their 21st birthday to make a claim on their own behalf
  • Most children automatically qualify for legal aid
Once a compensation claim reaches the courts for a 'hearing' or trial, it is known as an Infant Approval Hearing or a Minor Settlement Hearing

What is the process for a Minor Settlement Hearing?

  1. Once the minor and their litigation friend is appointed after discussion with a 1stClaims Solicitor (who will remain with them throughout the process) they will run through all the factors of the case. All our 1stClaims Solicitors are highly qualified and sensitive to the needs of the child and will treat each case as unique.
  2. When the case is finalised and a judge is available for a hearing, it will go to court for approval. This is often no more than a two minute hearing to check the child has recovered. This is the main difference between an adult's claim and a minor's claim: i.e. the court must agree to the settlement. A child's claim cannot be agreed just by the minor or adult responsible for the child.
  3. In order for this to happen, a barrister is required to give an opinion in writing, which is then assessed very carefully by a judge. The judge may decide that more evidence or consideration of the child's needs in the future is required and these needs must be met before the judge agrees a settlement.
  4. The minor, solicitor and litigation friend will then meet with the judge who will finally decide whether the settlement is reasonable to him or not.
  5. The compensation awarded is often then placed on trust until the minor's 18th birthday. However, the judge can award an instant payment for a child, such as money for a computer, or maybe even a PS3 or Xbox Elite!

Types of Child Accidents:

1stClaims expert child accident solicitors have handled a huge range of child accident claims. We will guide you through the whole process, ensuring the best interests of your children are looked after at all times. Types of claims handled include:

  • Car accident claims involving children including child whiplash claims (even if one of the parents caused the accident)
  • Defective playground equipment
  • Poorly protected building sites
  • Defective toys
  • School accidents

How long do I have to make a child accident claim?

The basic rule is that you have three years from your child's 18th birthday to make a claim for compensation. In reality the claim should be made as soon as possible to ensure that all of the evidence needed can be collected while it is still fresh.

How Much Will It Cost To Claim?

Nothing. 1stClaims does not believe the individual who has suffered already should have to pay to recover compensation for their injuries and expenses. Therefore, you do not need to pay for our services. Whilst many claims companies charge individuals for their time, we only receive a payment from our child accident solicitors for helping them with their marketing. Our service and expertise for you is completely free of charge.

How We Help You

  • We hand select only the best child accident claim solicitors to help you.
  • All initial enquiries are completely free of charge
  • You may be able to make a claim under a No Win No Fee Agreement (NOTE: If your case is successful your Solicitor will deduct up to a maximum of 25% of your final settlement or compensation award as payment for their fees. You can find out more about No Win No Fee arrangements and the potential costs that can be incurred by clicking here.)

Need Help With Your Child’s Whiplash Claim?

If you would like 1stClaims’ expert Children Accident solicitors on your side please call us free on 0800 2888 693 or complete our Free Claim Enquiry form now and we will be in touch with you very soon.

We are here to help you from 8am to 8pm Monday to Friday,
8.30am to 6pm on Saturday and 9am to 6pm on Sundays.

GB Wide Personal Injury Claims Service

We have specialist Personal Injury Claim Solicitors across England, Scotland & Wales waiting to help you now.

Make a claim now or you can speak to us on 0800 2888 693

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