Child Injury Compensation Claims

This is probably one of the most commonly asked questions by parents, as there are thousands of injuries at schools each year which result in children needing hospital treatment.

The large majority of such cases are unavoidable for the schools, such as slips and trips in the hustle and bustle of the playground.

However, should injuries be caused as a result of unsafe equipment, poor upkeep of grounds leaving them in an unsafe condition, or unsafe or unsupervised school activities: claims for damages can potentially be made.

Our legal team at Hudgell Solicitors secured damages for a school pupil who suffered burns to his face during a chemistry lesson.

As part of the claim it was alleged the school had breached its duty of care in exposing the pupil to risk of injury by failing to ensure safe and adequate equipment was used for the experiment.

It was also alleged the school failed to ensure proper supervision or control, and failed to treat the pupil in an appropriate manner after the accident by not sending him to A&E.

Anyone under the age of 18 is deemed to be a minor for legal proceedings so an adult, usually a parent, family member or a guardian, needs to make a claim on the child’s behalf.

This person is known as a ‘Litigation Friend’ – someone who acts in the best interests of the child through the legal process.

In England and Wales, child injury compensation claims cannot be settled without the approval of a Judge. Our personal injury solicitors will offer support and guide you through the claims process.

The Court approval process is generally straightforward and concludes with an Infant Approval Hearing. Such hearings often take place remotely or in a Judge’s chamber at a local County Court, although any settlement over £100,000 requires Court of Protection involvement if the infant is also a Protected Beneficiary.

An Infant Approval Hearing takes place before a Judge, who reviews the evidence of a case and the settlement to ensure it is fair. If you are acting as a litigation friend, it is likely that you will have to attend a hearing of this type.

The Judge will review the papers and conclude whether the settlement proposed is in the child’s best interest. If the Judge considers the settlement is below a reasonable range, then they will not approve the proposal.

Court approval inevitably means compensation claims for children can take longer. It does however ensure that a child is protected and achieves the optimal amount of compensation for their injury.

Should there be an immediate need for funds, such essential rehabilitation treatment, accommodation, equipment and care, interim payments can often be agreed between parties and approved.

These payments can be made prior to the child turning 18, provided the Court is satisfied it is for the child’s use.

In some cases our legal team have secured a number of interim payments in child injury cases, over a number of years, providing the money to pay for physical and psychological treatments, and to fund essential equipment or adaptations to accommodation.

If interim payments are not required, compensation is paid into the Court Funds Office until the child reaches 18 years of age. The money will be invested and accrue interest until the child reaches 18.

Sometimes the Court may be prepared for the compensation to be paid into an alternative investment, set up by the Litigation Friend, for the child to access when they reach 18.

This tends to only be considered in more modest claims and ultimately this decision rests with the Court. Once a child reaches 18 any funds invested will be released to them.

Yes. We can help our clients set up a personal injury trust on behalf of a child. Benefits of doing this include the child’s compensation not impacting on any means tested benefits that they receive when they turn 18. Money placed in a trust can only be accessed by appointed trustees, such as a parent and a solicitor. In order to get money out of the personal injury trust, all trustees must agree to its release

Child personal injury claims can be made for them anytime up to their 18th birthday when they legally become an adult. If no claim has been made by that point, they then have a further three years – to their 21st birthday – to make the claim themselves.