By Cat Harris. Last Updated 9th January 2025. Has your child been injured in an accident? Did this accident happen because someone breached their duty of care towards them? If so, our child injury compensation calculator could help you work out what compensation your child could be owed for their pain and suffering.
Whether the accident happened in nursery, school or out in public, if someone who was responsible for their safety breached their duty of care, you could have grounds to make a personal injury claim. Our guide will explain how to do this, so you can take steps to get compensation for your child’s injury.
If you still have questions after reading, you can contact our team 24/7, and they can provide you with free legal advice. They may also be able to connect you with a solicitor from our panel to represent you.
For more information, call our team on 0800 408 7826. Otherwise, continue reading for more information on child injury claims.
Jump To A Section
- Child Injury Compensation Calculator
- What Is A Child Injury?
- What Expenses And Damages Could I Claim Compensation For?
- Causes Of Child Accidents And Injuries
- No Win No Fee Child Injury Compensation Claim Agreements
- Get Advice About How To Claim
- Resources And Case Studies
Child Injury Compensation Calculator
As we’ve already mentioned, a child injury compensation calculator can help by giving you a broad idea of where your child’s potential compensation settlement could fall. However, these amounts aren’t guaranteed.
A child injury compensation settlement can contain up to two heads. The first head, general damages, covers the pain and suffering they endure because of their accident and injuries. Often, general damages is calculated with help from the Judicial College Guidelines (JCG), which contains guideline figures.
You can find some of these guidelines below, but please note that these are not guaranteed, and that the first entry in this table is not from the JCG.
Injury | Compensation Guideline | Notes |
---|---|---|
Multiple Severe Injuries + Special Damages | Up to £1,000,000+ | Multiple severe injuries combined with financial losses, like the cost of a wheelchair or lost earnings |
Very Severe Brain Damage | £344,150 to £493,000 | They may be able to follow some basic commands, but there is little to no response to surrounding environmental factors and a need for full time care. |
Moderately Severe Brain Damage | £267,340 to £344,150 | They are very seriously disabled, and need round-the-clock professional nursing care. |
Severe Back Injuries (iii) | £47,320 to £85,100 | Disc lesions, fractures, and soft tissue injuries that lead to chronic conditions. |
Moderate Back Injuries (i) | £33,880 to £47,320 | A wide range of injuries fall under this bracket, but all will result in less serious disability than the entry above. |
Less Severe Arm Injury | £23,430 to £47,810 | There may be serious degrees of disability, but a substantial recovery takes place. |
Simple Fractures of the Forearm | £8,060 to £23,430 | Simple forearm fractures. |
Less Serious Leg Injuries - Fractures From Which an Incomplete Recovery is Made or Serious Soft Tissue Injuries | £21,920 to £33,880 | The injured party will recover, but with the aid of a metal implant or being left with a limp. |
Less Serious Leg Injuries - Simple Fracture of a Femur With No Damage to Articular Surfaces | £11,120 to £17,180 | Simple femur fractures. |
The second heading is called special damages. This helps you to recoup any financial losses you have endured because of your child’s injuries. For example, if you had to take time off work to look after them and this caused you to lose earnings, these could be recouped under special damages.
Special damages can also help you cover the cost of:
- Prescriptions.
- Mobility aids, like a wheelchair or crutches.
- Home adjustments, like the installation of a stairlift or widening doorways to allow a wheelchair through.
- Counselling.
- Physiotherapy.
- Private medical treatment.
- Travel.
- Childcare.
When you claim under this heading, you need to prove your losses. You can do this with bank statements, invoices, and receipts.
What Happens To Compensation For Children?
If you make a successful compensation claim on behalf of your child, the Court Funds Office (CFO) will hold their compensation in trust until they turn 18. In the weeks and months leading up to their 18th birthday, the CFO will contact them with instructions on how to access their compensation.
In some cases, you could potentially withdraw money from their CFO account. However, you will need to write to the Court and prove that this withdrawal is in the child’s best interests. For example, the money may be needed to cover medical treatment. If you cannot prove that it is in the child’s best interests, you will not be able to make a withdrawal.
Contact our team today to find out if you could make a child injury claim on behalf of your child, or read on to learn more.
What Is A Child Injury?
Children can suffer various injuries in different accidents. Some examples of accidents involving children might include:
- Burns and scalds
- Fractures
- Poisoning
- Falls from height
A child injury might cause serious implications to the child. For instance, if they break their leg, then this could cause them severe pain. While the leg is in a cast, they may be unable to participate in sports or play in the way they usually do.
Furthermore, child injuries can cause long-term implications. For instance, a birth injury could cause a child to experience life-long brain damage that permanently impacts their quality of life.
Children under the age of 18 are not legally able to represent themselves in a claim. But this does not mean that they are not able to receive compensation.
If a child under the age of 18 suffered an injury, you could claim on their behalf by acting as a litigation friend. You would have until they’re 18 to do so. After your child turns 18, they would then have 3 years to start a claim for themselves from the date of their 18th birthday.
However, there are exceptions to these rules, so if you have any questions, you can call our team. They’ll be happy to offer you further help and advice on the limitation period for a child personal injury claim.
What Expenses And Damages Could I Claim Compensation For?
The compensation your child could be awarded may be made up of two different heads of claim. These are referred to as general and special damages. General damages cover your physical and psychological suffering as well as the impact the injury has had on your quality of life. Our compensation payout calculator will give you an estimate for these.
Special damages may also be awarded to cover past and future financial losses or expenses. For example:
- Loss of earnings for the time that parents or carers have taken off work
- Cost of care
- Medical expenses, e.g. medication or treatment like physiotherapy that you cannot get elsewhere
- Travel expenses to and from medical appointments
Evidence is important in building a valid claim to ensure you are awarded the compensation you deserve. For general damages, you may need:
- CCTV footage
- Pictures of the thing that caused the accident, e.g. broken playground equipment
- Police reports, if applicable
- Records of the accident in a school accident book
- Medical reports to show the injuries your child sustained
Additional evidence will be required for any special damages you may claim. For example, receipts, payslips and invoices.
How long does it take to receive an offer of compensation?
Each claim can vary in time, and the final compensation offer you may receive will depend on whether both parties can agree on the settlement amount. If an agreement can’t be made, further negotiations may be required.
Causes Of Child Accidents And Injuries
There are many situations where a child’s injury could potentially be the fault of a third party. Below, we discuss some of the situations commonly associated with child injury claims.
Road Traffic Accidents
People navigating the roads have to use them in a way that ensures they and others are not harmed. If a child is hurt when someone fails to do so, it is possible for a car accident claim to be made. Some examples are:
- A driver who is looking at their phone instead of the road crashes into another vehicle. A child passenger is taken to hospital with a head injury as well as facial scarring and bruises.
- A driver speeds through an area with a low speed limit because of school crossings, they strike a child on a zebra crossing. The child suffers a broken arm and a shoulder injury as a result.
Accidents In A Children’s Playground
According to the Royal Society for the Prevention of Accidents, around 40,000 children are hospitalised every year because of playground accidents. These accidents can only lead to child accident claims if a third party was at fault.
Something like a slip and trip in a playground is an example of a public place accident. Under The Occupiers’ Liability Act 1957, whoever operates a public space must take all actions that keep visitors reasonably safe. Should they fail to do so, they could be liable.
Examples of issues leading to accidents are:
- The equipment installed in a playground is of poor quality and breaks apart. A jutting piece of broken equipment gives a child a serious eye injury that requires surgery.
- Old equipment is not maintained or inspected, allowing it to fall into disrepair. A child is thrown from rusted swings that snap, causing them to fracture their shoulder and suffer a broken jaw when they land.
Accidents At Nursery Or School
Accidents happen at schools all the time. Many are simply a part of life but, if an accident is caused by a school not upholding its duty of care towards a child, an adult may have the right to claim compensation on their behalf. For example:
- An issue with a hot tap is not fixed and no sign is left out warning children that the water is extremely hot. A child using the tap suffers a significant burn injury as a result.
- School grounds are not properly maintained, allowing tree roots to push through a path. A child trips on an exposed root and suffers a broken ankle injury.
- Although school kitchen staff are made aware that a child has a serious nut allergy, no steps are taken to avoid cross-contamination. The child is given food including nuts and suffers an acute allergic reaction.
You can use a personal injury calculator for an idea of what compensation could be awarded in such scenarios. To ask how a child injury compensation calculator works, get a more detailed review of child personal injury settlements or see if you can claim on a child’s behalf, just call our free helpline.
No Win No Fee Child Injury Compensation Claim Agreements
Having a solicitor represent you can help the process of claiming run more smoothly and could maximise the amount of compensation you receive. However, having a solicitor act on your behalf could mean that you have to pay upfront or ongoing legal fees.
Our advisors can connect you with a personal injury solicitor who could represent you on a No Win No Fee basis. This means that if they are unsuccessful with your claim, you won’t pay solicitor fees. You also won’t pay any upfront or ongoing fees to them.
If they are successful, you’ll pay a success fee. However, this is legally capped, and you can agree upon the fee with your solicitor before your claim begins.
If you would like to know more about No Win No Fee agreements, speak to a member of our team today. You could be connected with one of our No Win No Fee solicitors.
Get Advice About How To Claim
We understand how daunting the process of claiming compensation on behalf of your child might seem. However, we’re here to help. Our advisors are available to provide you with free legal advice 24/7.
Furthermore, if you’re ready to start your claim, our team can connect you with a personal injury solicitor who can help take you through the next steps of your claim.
For more information, contact our team by:
- Calling on 0800 408 7826
- Chatting with us on live chat at the bottom of the page
- Sending us an enquiry and specifying a time for us to contact you
Resources And Case Studies
For further information on whether you’re eligible to act as a litigation friend, see the government website for further advice.
The NHS website provides information on children’s health.
For further information on keeping children safe, see the Royal Society for the Prevention of Accidents.
Other Personal Injury Claims Guides You Can Read
- Scar Injury Compensation Calculator UK
- Psychological Injuries Compensation Calculator
- Pain And Suffering Caused By An Accident Or Injury Calculator
- Personal Injury Damage Calculator
- Multiple Injury Compensation Calculator
- Multiple Injury Compensation Calculator
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