In our experience, parents are sometimes unsure as to whether they are allowed to make personal injury compensation claims on behalf of their children when they are injured. If your baby or child is injured due to someone else's negligence you may be entitled to make a claim for compensation on their behalf.
As the parent or guardian of an injured baby or child you can make a claim for accident compensation on their behalf as soon as the accident has happened if you wish up until the child reaches 18 years old. Once an injured child reaches the age of 18 they have 3 years in which to make a personal injury claim for compensation themselves if their parent or guardian has not already done so.
A parent or guardian making a claim for compensation on behalf of an injured minor is referred to as their 'litigation friend'. The litigation friend has to be independent; therefore if a parent was to blame for the accident sustained by the child, they cannot act as their litigation friend. For example if a father driving a car with his daughter as a passenger hits another vehicle in the rear causing injuries to his daughter, he would not be able to act as her litigation friend when making a claim for compensation on her behalf; however the mother, a grand parent or other close relative could act instead. In this road traffic situation, it is the insurance company for the driver that will pay the compensation and not the father personally.
What can I claim?
The value of your claim will depend on a number of factors including:
- The nature of the injury or illness
- Whether your child (or you) recover fully from the injury or illness or if it has a long term effect on their health and well being
- The amount of any losses you incur as a result of the injury
You can claim compensation for the following things if they are a result of your injury:
- Pain, suffering and loss of amenity
- Loss of earnings
- Medical and nursing care costs
- Special equipment needed to carry out daily activities and any costs involved in adapting your home
- Other expenses incurred as a result of your injury, for example, travel expenses incurred whilst receiving medical treatment.
Contact us to speak to one of our specialist lawyers in total confidence and they will discuss the details of your claim.
Free Advice on personal injury claims
Drop into our Dronfield branch, or call in advance for a FREE 30 minute consultation with our specialists or call 0114 218 4049.
- Injuries at work or in a road accident
- Trips or slips in public places
- Injuries to children
- Industrial diseases
- Criminal injuries
- Clinical negligence claims
Every Wednesday 5-7pm
Arrange an appointment at one of our local offices
- Client Story 1 - We recently won £4500 for a lady client arising from an accident at work
- Client Story 2 - We recently won damages for an elderly lady injured in a road traffic accident
- Client Story 3 - Mr J, the amateur athlete – award of nearly £200,000 to reflect change of lifestyle
- Client Story 4 - Mrs H is an elderly lady who was involved in a Road Traffic Accident whilst driving in the countryside