Accidents involving children account for a sizeable percentage of those accidents that lead to injury. Whilst the numbers of children being injured are dropping as improved safety measures and information are enforced, having your child injured or worse is every parent’s worst nightmare. There are however special rules relating to how claims for children are handled.

Firstly though, what are the common accidents involving children?

Like their parents, children are often the victim of road accidents either as passengers in cars or as pedestrians. As a passenger in a car, the child will succeed in a claim for compensation, as a pedestrian, it will of course depend on the circumstances. There are considerable numbers of children killed or injured whilst using pedal cycles as well unfortunately.

Children do have a tendency to run around and as a result slipping and tripping accidents are also very common. Children can fall in the park or in the school playground for example. Many of these types of accidents are that, pure accidents whereas others could lead to a claim for compensation. It all depends on the surrounding circumstances. Accidents are a part of growing up to some extent but if you have left your child in the care of another, a school or nursery perhaps, then those organisations owe your child a duty of care. They have to look after them and if they are injured in circumstances where some blame can be attached then a claim may well lie against that organisation.

Other venues where accidents can occur include leisure centres and swimming pools, and anywhere a child comes into contact with what might prove to be, faulty equipment.

Some accidents can have a devastating effect on the child and the family. Head injuries for example are not uncommon and can lead to long term effects.

Time Limits for Bringing a Claim

Injuries involving children can be more complex than other claims. In a general claim, there is a three year time limit for bringing legal action, such time limit running from the date of the accident. In child cases, that time limit does not start to run until three years after the child attains his or her majority i.e. turns 18 which in effect means until they are 21. So a child of 5 will be able to bring a claim until they are 21. This does not mean that the matter should be left however. It is always better to bring a claim as soon as practicable.
In effect you as a parent pursue the claim on behalf of your child. In all cases involving children, the court has to approve the terms of settlement and any compensation awarded will be invested for the child until they become 18 to ensure that the award is protected and used for the benefit of the child. Obviously in the more serious cases, a court may allow some of the monies to be used for the immediate benefit of the child but generally speaking the money will be invested for them to be used by them at the age of 18.

If your child is involved in an accident in which he or she sustains injury, you should seek specialist legal advice at the earliest opportunity.