LEGAL FACTSHEETS
Has my child got a claim for compensation?
To be able to bring a claim for compensation for a child's injuries, another party must be responsible for what has happened. Compensation is not available where what has caused the injuries was an unfortunate 'accident' where no one can be considered blameworthy.
There are three simple steps that need to be considered before a claim for compensation can be raised:
- The first is to establish who was responsible
- The second is to establish that your child was owed a duty of care
- The third is to establish that that duty, was breached and that your child has suffered injury/loss as a result.
It may be the case that you do not know the identity of who caused the accident. For example your child may have been the victim of a criminal incident, or of an untraced motorist. These are the two exceptions where lack of knowledge as to identity, will not necessarily be a bar to your child proceeding with a claim for compensation.
The Law does set time limits within which a claim for compensation may be raised. The general time limit is 3 years and if legal proceedings have not been issued by the 3rd anniversary of the accident or incident which caused your injuries, you will not be able to progress a claim. However, for children, the time limit changes to allow a claim to be made anytime until the child's 21st birthday, if the accident occurred when the child was under 18 or in Scotland by the child's 19th birthday if the child was under 16. In some circumstances the time limit is shorter than this so it is absolutely vital that you seek legal advice at the earliest opportunity if you think your child has a claim.
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