Children's injuries

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?