If your child has been injured in an accident, making a personal injury claim is probably the last thing on your mind. However, many parents don’t realise that a successful claim could lead to specialised care and rehabilitation, helping your child recover and move forward. Enable Law’s experienced personal injury solicitors are here to guide you through the process, ensuring that the claim is as stress-free as possible, so your child can achieve the best possible outcome.
While the claims process for adults and children is similar, there are a few important differences. Here are 10 key things you can do to help make the process easier:
1. Choose a Litigation Friend
Children under 18 cannot make decisions in legal proceedings themselves. Instead, they are appointed a “Litigation Friend,” which can be you, another family member, or even a close family friend or Godparent. The role of this person is to act in your child’s best interests, complete any paperwork, and make decisions on their behalf during the claim.
2. Ensure the Accident is Recorded Medically
If your child didn’t go to the hospital after the accident, Enable Law recommends visiting your GP to ensure the injury is recorded. Sometimes children may find it easier to speak with their GP about their injury in a familiar setting rather than with a medical expert involved in the legal process.
3. Keep Track of the Care Given
As a parent or grandparent, it’s normal to care for your child for free. However, if your child needs additional care due to their injury, it’s important to keep a detailed record of all care provided, including the date, description, and number of hours. This care may be claimable at an hourly rate as part of the overall claim.
4. Keep Documents for Additional Costs
Any expenses related to your child’s injury, such as clothing replacements or educational materials to keep them occupied during recovery, should be documented.
You’ll also need your child’s birth certificate as part of the process, as it will be required by the Judge at the end of the litigation.
5. Keep a Diary
It’s helpful to document your child’s recovery, noting both physical and emotional progress. Regularly taking photographs can also help show how they are improving over time.
6. Instruct a Solicitor When You’re Ready
Although there is a time limit to start the claim—before your child’s 21st birthday—it’s usually best to instruct a solicitor as soon as you feel ready. Choose a solicitor who specialises in child claims and who is willing to visit you at home to discuss the process in a comfortable environment for both you and your child.
7. Be Ready for the Medical Examination
As part of the claim, your child will need to be examined by a medical expert. The exam won’t take long, and the doctor will be experienced in handling children with similar injuries. It may also help to reassure your child by treating them to something fun after the examination.
8. Prepare for a Short Court Hearing
To ensure your child gets the right compensation, they and their Litigation Friend will need to attend an Approval Hearing. This is a short, private hearing with one Judge where your child’s recovery will be reviewed.
If your child is old enough, the Judge may ask about their recovery, but it will be done in a friendly and supportive way.
9. Think About How to Use the Compensation
If your child’s damages are awarded, the Court will usually keep the funds until your child turns 18. For smaller sums, the Judge may allow the money to be invested in a Child’s ISA or Trust Fund. In some cases, if your child needs something specific before turning 18 (like a computer), the Judge may approve an early payment.
10. Keep the Court Updated
Make sure to update the Court with any changes to your contact details, like your name or address, so they can get in touch when needed, especially when the funds are due to be paid out when your child turns 18.
While no claim is completely easy, by following these steps, you can help make the process as smooth and stress-free as possible. If you’d like to speak to a solicitor about making a claim for your child, Enable Law are here to help. Feel free to get in touch for expert advice and guidance.