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Legal Steps for Parents To Start A Child Accident Claim
Last Updated on June 3, 2026 by tanya
Legal Steps for Parents To Start A Child Accident Claim
About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.
Written by Tanya Waterworth, Digital Content Writer
How to Claim for a Child’s Injury
When a child suffers an injury due to someone else’s negligence, this blog explains the legal steps for parents on how to start a child accident claim in England and Wales. If a child has been injured, parents can often feel overwhelmed and unsure where to begin. The UK legal system provides clear protections for minors, but the process works differently compared to adult personal injury claims.
We explain how to claim for a child’s injury, the legal steps involved, and what parents need to know about litigation friends, court approval, compensation trusts, and time limits.
What Is a Child Injury Claim in the UK?
A child injury claim arises when a person, organisation, or authority breaches their duty of care and directly causes harm to someone under 18.
Common examples may include:
- Road traffic accidents involving pedestrians, cyclists, or passengers
- Injuries in schools or playgrounds due to inadequate supervision
- Medical negligence during diagnosis, treatment, or surgery
- Accidents in public places (slips, trips, or unsafe environments)
- Sports-related injuries caused by poor coaching or unsafe equipment
- Accidents at work where a child is in permitted work or training
Who Makes the Claim?
A child cannot legally bring a claim themselves. Instead, an adult acts as a litigation friend.
What a Litigation Friend Does:
A litigation friend is usually a parent or guardian who:
- Instructs solicitors on behalf of the child
- Makes legal decisions during the claim
- Reviews and approves settlement offers
- Ensures every step protects the child’s best interests
Top Tip: A litigation friend is not just a representative, they carry legal responsibility for the claim’s conduct. Courts can replace them if they act against the child’s interests.
Legal Steps for Parents in a Child Injury Claim
The process follows a structured pathway designed to protect minors.
Step 1: Seek Legal Advice Early
Early legal support from an experienced personal injury solicitor helps:
- Preserve evidence before it disappears
- Secure medical assessments
- Establish liability quickly
Step 2: Gather Evidence
Strong evidence can considerably improve the outcome. This includes:
- Medical records and GP notes
- Photographs of injuries and accident scenes
- CCTV or dashcam footage
- Witness statements
- Accident reports (schools, councils, employers)
Step 3: Establish Liability
Your solicitor will assess who is legally responsible and whether negligence occurred.
Step 4: Medical Assessment
Independent medical experts will evaluate:
- Severity of injury
- Recovery timeline
- Long-term impact
- Future care needs
Step 5: Negotiate Settlement
Most claims settle without court hearings. Solicitors negotiate with insurers based on medical evidence and financial losses.
Court Approval of Child Injury Settlements
Unlike adult claims, every child injury settlement must be approved by a court which ensures:
- The settlement is fair and reasonable
- The child’s future needs are protected
- The compensation accurately reflects injury severity
What Happens at the Approval Hearing
- A judge reviews medical evidence
- The solicitor explains the settlement breakdown
- The child (sometimes but not always) attends a short hearing
- The judge confirms or adjusts the compensation
Our Key Insight: Even if both parties agree on compensation, it is not legally valid until a judge approves it.
Where Is the Compensation Held?
Once approved, compensation is securely protected until the child turns 18. It is generally held in a Courts Funds Office account.
What This Means for Parents:
- Funds cannot be freely accessed
- Money is protected from misuse
- The child gains full access at adulthood (18 years old)
Exception
In some cases, the court may allow limited access for:
- Rehabilitation costs
- Education support
- Specialist equipment or care needs
Time Limits for Child Injury Claims in the UK
Time limits work differently for children compared to adults.
Standard Rule
- A child has until their 18th birthday to start a claim
- After turning 18, they still have 3 years to bring a claim themselves
Top Tip: Delaying action can weaken evidence even if the legal time limit has not expired. This is because evidence may be mislaid or lost, and you may lose contact with witnesses. Therefore it’s advisable to start your claim as early as possible after the accident.
How Compensation Is Calculated
Compensation is typically divided into two main categories:
1. General Damages:
- Pain and suffering
- Emotional distress
- Long-term physical impact
2. Special Damages
Covers financial losses such as:
- Travel costs for treatment
- Care expenses
- Medical equipment
- Therapy or rehabilitation
Our Key Insight: In serious injury cases, compensation often includes future loss projections, not just current expenses. As each claim is unique, your personal injury solicitor will be able to calculate an estimate regarding your child’s specific case.
Interim Payments in Child Injury Claims
In some cases, courts allow early payments before final settlement.
These are generally used for:
- Urgent medical treatment
- Specialist rehabilitation
- Mobility aids
- Home adjustments
Common Mistakes Parents Should Avoid
Parents can often unintentionally weaken claims by:
- Delaying legal advice
- Accepting early low settlement offers
- Failing to collect evidence immediately
- Not keeping medical records organised
Top Tip: Taking early action significantly increases the accuracy of injury valuation.
FAQs About Child Injury Claims in England and Wales
Can a child start a claim alone?
No. A litigation friend must act on their behalf.
Do all child injury claims go to court?
No. Most settle out of court, but all settlements require court approval.
How long does a child injury claim take?
It varies depending on severity, but some cases take months to a few years.
Can schools be held responsible?
Yes. Schools have a legal duty of care to keep children safe.
What happens if the child turns 18 during the claim?
They can take over the claim themselves or continue with legal representation.
Need Help For A Child Accident Claim?
From appointing a litigation friend to securing court approval and safeguarding compensation in trust, our legal system ensures a child’s long-term welfare remains the priority following an accident in which tey have been injured.
Parents who act early, gather strong evidence, and seek specialist legal advice improve their chances of securing fair compensation. Whether the injury results from a road accident, medical negligence, or a school incident, understanding the process helps families make informed decisions and protect a child’s recovery and wellbeing.
We work with expert lawyers who offer a free consultation, as well as No Win, No Fee agreements, ensuring you get the support you need without financial risk.
Call us at 0333 3582345 or contact us online for an initial, no-obligation consultation.