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Can I make a claim for my injured child?

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Can I make a claim for my injured child?

We all know how unpredictable the behaviour of children can be and unfortunately this can sometimes lead to our children being involved in unfortunate accidents. But what can we do if our little people suffer an injury which is down to the behaviour of another party?

If your child is involved in a road traffic accident or indeed any other type of accident, it is likely that your parental instincts will kick in and you will prioritise their wellbeing and recovery above all else. However, if the accident was not their fault and was potentially the fault of another party, you may also be able to pursue a claim for compensation on behalf of your child if they are under the age of 18 years.

The time limit for filing a claim at court on behalf of a child is different from that of adults. In the case of adults, the compensation claim must generally be filed at court within three years from the date of the accident. However, in respect of a child, the three year limitation period only begins after the child’s 18th birthday. This means, a child injury claim for an individual under 18 can be filed at court at any time before their 21st birthday. Despite this, we would always recommend that you begin your claim and instruct solicitors as soon as possible. One of the main reasons we would advise this is that, often, evidence becomes weaker over time as memories fade and documentary evidence is destroyed. Having said this, once a claim is commenced, if it is not felt that a child’s claim can properly be valued until they reach adulthood and the full extent of their injury can be assessed, it is possible to put the claim on hold until the child reaches an appropriate age. 

What details I need to help my case?

If you decide to proceed with a claim for your child, we would require some information relating to the accident from you. This information is necessary for us to be able to prove that the accident was avoidable and the injuries your child sustained were due to somebody else’s negligence.

Some of the details you will be required to provide include:

  • The date and time that the accident occurred
  • Details of the location where the accident occurred and who you feel was responsible for it
  • Details of how and why the accident occurred
  • Photographs of the accident site and injuries can be very helpful
  • Contact details of any persons around who may have witnessed the accident
  • In case of a road traffic accident, the name and address of the driver responsible for the accident, their vehicle registration number and their insurance details
  • If the accident has been reported to the police, the name of the police station where the accident was reported, and the police unique reference number
  • Full details of the injuries sustained and any medical treatment received
  • Details of any financial losses you have incurred as a result of the accident

If your child has been involved in any type of accident due to someone else’s negligence and you have not yet instructed solicitors, we would recommend that you do so as soon as possible. You can call our specialist personal injury team on 0161 696 6235 or complete our online enquiry form.

By Joanne Topping, PA