We guide parents through each of those steps, from instructing appropriate paediatric experts to the approval hearing and the arrangements for holding the damages. We will explain how the claim can be funded before any work begins.
Can I Make a Claim?
- A child under eighteen was injured because of another party's negligence.
- A parent or guardian acts as litigation friend to bring the claim on their behalf.
- The claim can generally be brought at any time before the child's twenty-first birthday, although early investigation is far better for the evidence.
- Different considerations apply where the injury occurred at birth or involves lasting disability.
Situations We Are Instructed On
- Road traffic collisions involving child pedestrians, cyclists and passengers
- School and nursery accidents caused by inadequate supervision
- Playground and leisure centre equipment failures
- Injuries in shops, restaurants and other public premises
- Dog bites and animal-related injuries
- Scalds, burns and injuries from unsafe products
What Compensation Could I Claim?
- Damages for the injury, including scarring, which is assessed differently for children
- Cost of future treatment such as scar revision or orthodontic work
- Educational support where schooling has been disrupted
- Care and assistance provided by parents during recovery
- Loss of future earning capacity in cases of lasting disability
What can be recovered in any individual case depends on the medical evidence and on the losses that can be proved. We do not estimate figures before that evidence is available.
Evidence That Helps
- School or nursery accident records and supervision arrangements
- Photographs of the hazard and of injuries as they heal
- Paediatric medical evidence, and specialist reports where growth may affect the outcome
- A parent's statement describing the effect on the child's daily life
- Records of expenses and time taken off work to provide care
How Long Could the Claim Take?
Children's claims are frequently paused until the medical picture is stable, because growth can affect scarring and orthopaedic outcomes. An approval hearing is then required, which adds a short further period before funds are secured.
No Win No Fee Funding for This Type of Claim
A No Win No Fee agreement — known in law as a conditional fee agreement — is a written contract between you and your solicitor. Under it, our fee for the legal work becomes payable only if your claim is successful. It is a way of funding a claim without paying our costs up front. It is not a promise about the outcome of your case, and it is not available in every matter.
How a No Win No Fee agreement works
- Assessment first. We review the facts, the likely evidence and your prospects before deciding whether we can offer this type of funding.
- If the claim succeeds. The opponent is usually ordered or agrees to pay a substantial part of your legal costs. A success fee — a percentage uplift on our charges, capped by law in personal injury work — is deducted from your compensation. The percentage will be stated in your agreement before you sign it.
- If the claim does not succeed. You would not pay our fee for the legal work covered by the agreement. You may still be responsible for certain disbursements and, in some circumstances, the opponent’s costs, which is why insurance arrangements are discussed with you at the outset.
- Deductions and other costs. Expenses such as medical reports, court fees, expert evidence and any insurance premium are dealt with separately. We will explain which of these may be deducted from your damages and how they are calculated.
- Alternatives. You may already have legal expenses cover through a household, motor or credit card policy, or through a trade union. We will ask about this because it may be a better option for you.
Who may be eligible
Eligibility depends on the individual case, including whether another party appears to be legally responsible, whether the injury and losses can be evidenced, and whether the claim is brought in time. Some claims are not suitable for this form of funding. We will tell you honestly if we cannot act on this basis, and explain the alternatives that may be open to you.
The exact terms — including the success fee percentage, the disbursements involved and what would happen if the claim were unsuccessful — are set out in writing and explained to you before you decide whether to proceed. Nothing on this page is a guarantee about the outcome of a claim or a statement that any particular funding arrangement will be available. Please take advice about your own circumstances.
Speaking to a No Win No Fee Solicitor
The first conversation is an assessment, not a commitment. A solicitor will listen to what happened, identify who may be legally responsible and consider what evidence is likely to be available. In the context of child injury claims, that usually means looking closely at how the incident occurred, what records exist and how your injury has affected your work and daily life.
Once we understand the case, we can discuss funding. Where a conditional fee arrangement is appropriate, we will explain the terms, the deductions and the risks in writing so that you can make an informed decision. Where it is not appropriate, we will say so and set out any alternative route available to you, including existing insurance cover or union support. Either way, you will know where you stand before any work begins.
Child Injury Claims FAQs
- Who receives the compensation?
- Damages are normally held in the court funds office or in a trust until the child turns eighteen, with applications possible for specific needs in the meantime.
- What is an approval hearing?
- A short hearing where a judge checks that the proposed settlement is fair and in the child's best interests before it becomes binding.
- Can I claim for my own losses as a parent?
- Certain parental expenses, such as travel to hospital and care provided, may be recoverable within the child's claim.
- Should we wait until the child is older?
- It is usually better to investigate early while evidence is fresh, even if valuation waits until the medical position is clearer.
Speak to our team
Tell us what happened and we will assess the claim and explain the funding options that may be available to you, in writing, before you decide how to proceed.