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Child Personal Injury Claims UK: Parent's Guide 2026

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Part ofPersonal Injury

Updated June 2026 · England & Wales
When a child is hurt, everything else fades into the background. Your first instinct as a parent is to focus on their recovery, and rightly so. But once the immediate shock settles, many parents start asking whether the law offers a way to hold someone accountable and secure funds for their child's future needs. This guide walks through how personal injury claims work when the injured person is under 18 in England and Wales. It covers who can bring a claim on a child's behalf, the kinds of incidents that commonly lead to claims, how compensation is calculated, and the special rules that apply because the claimant is a minor. My aim is to give you a plain-English starting point so you can make informed decisions about what comes next.

Overview

A personal injury claim for a child is a civil legal action brought because a person under the age of 18 has suffered harm that someone else is legally responsible for. The injury might be physical, psychological, or both, and the claim seeks financial compensation to reflect the suffering caused and the costs that flow from it.

Because children cannot conduct legal proceedings in their own name, a claim is brought on their behalf by an adult acting as a 'litigation friend' (usually a parent). Claims can arise from a wide range of situations, including road traffic accidents, injuries at school or in public places, defective products, animal attacks, and errors in medical care.

One of the most important points to understand is that the usual three-year limitation period for personal injury does not start running against a child until their 18th birthday, which gives families more breathing room than many realise. Any settlement must also be approved by a court and is typically held in trust until the child reaches adulthood.

Key steps

  1. Seek medical attention and keep records. Your first priority is your child's health. Make sure the injury is properly examined and documented by a GP, hospital, or specialist. Keep copies of medical notes, prescriptions, photographs of visible injuries, and a diary of how the injury affects daily life. These records become the backbone of any later claim. 2. Identify who may be responsible. Think carefully about what happened and who might have been at fault. This could be another road user, a school, a local authority managing a playground, a business, a healthcare provider, or the owner of an animal. Note witness details, take photographs of the location, and preserve anything that might help show how the incident occurred. 3. Decide who will act as litigation friend. A litigation friend is the adult who brings the claim on the child's behalf. Usually this is a parent or guardian, but it can be another responsible adult without a conflict of interest. The litigation friend must act in the child's best interests throughout and will sign court documents on their behalf. 4. Gather evidence and assess the claim. Build a clear picture of what happened, the injuries sustained, and the impact on the child's education, hobbies, and wellbeing. You may need expert medical reports to explain the long-term effects, especially where the child is still developing. Financial losses, such as travel to appointments or specialist equipment, should be recorded too. 5. Pursue the claim and obtain court approval of any settlement. Claims can often be resolved through negotiation without a trial, but because the claimant is a child, any settlement must be approved at an 'infant approval hearing'. A judge checks that the amount is fair before signing it off. The compensation is then usually paid into the Court Funds Office and invested until the child turns 18.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Common questions

Q How long do I have to bring a claim on behalf of my child?
For most personal injury claims in England and Wales, the standard limitation period is three years. For children, however, that three-year clock does not begin until they turn 18, meaning a claim can usually be brought at any point before their 21st birthday. That said, acting sooner is almost always better because evidence fades, witnesses move on, and memories become less reliable over time.
Q Who can act as a litigation friend for my child?
A litigation friend must be over 18, able to make decisions in the child's best interests, and must not have a conflict of interest with the child. In practice this is usually a parent or guardian, but it can be another trusted adult such as a grandparent or family friend. The court can remove or replace a litigation friend if it is not satisfied they are acting properly.
Q What kinds of compensation can a child receive?
Compensation typically falls into two broad categories. General damages cover the pain, suffering, and loss of amenity caused by the injury itself. Special damages cover financial losses and expenses, such as medical treatment, rehabilitation, specialist equipment, care costs, and, where relevant, future loss of earnings if the injury has long-term effects on the child's ability to work as an adult.
Q What happens to the compensation money until my child turns 18?
When a settlement is approved by the court, the compensation is normally paid into the Court Funds Office, which invests the money on the child's behalf. Parents or guardians can apply to release funds early for specific needs that benefit the child, such as therapy or educational support, but the bulk is usually held until the child reaches 18 and can receive it directly.
Q Will my child have to go to court?
In most cases, no. The majority of children's personal injury claims settle through negotiation without a contested trial. However, because the claimant is a minor, a short 'infant approval hearing' is required so a judge can confirm the settlement is reasonable. These hearings are usually brief and straightforward, and the child's attendance may not always be necessary.
Q Can I claim if the accident was partly my child's fault?
Possibly. The law recognises that children cannot be held to the same standard of care as adults, and very young children in particular are rarely found contributorily negligent. For older children, a court may reduce compensation to reflect a share of responsibility, but this is assessed with the child's age and understanding firmly in mind.
Q How much does it cost to bring a claim for my child?
Many personal injury claims for children are handled on a 'no win, no fee' basis, meaning you only pay legal costs if the claim succeeds. Court fees and expert report costs may apply along the way. The precise arrangement depends on the solicitor or firm involved, so it is worth asking for a clear written explanation of costs before you commit.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.