What to do if your child is injured

All opinions are mine and mine alone

What to do if your child is injured

One of the most surprising things about watching your infant first start to pull themselves to their feet is how hard they seem to fall back into a seated position – despite the audible thud, they seem completely unmoved and unharmed. It’s like they’re made of rubber. Granted, it’s not a long way back down to a seated position for someone who’s shorter than an outstretched gym sock, but still, the lasting impression that they create is that they’re made of tough stuff. 

That’s why your world can come crashing to a halt when your child suffers an injury that stops them in their tracks – when you’ve witnessed the knocks and bumps that they have previously survived unphased, realising that they’re actually hurt this time due to an accident that wasn’t their fault leaves you under the spotlight to act (see a lawyer for when you trip, slip or fall if you have been affected). Obviously, your child’s immediate health concerns will be a priority, but once their recovery is in order, what are your next steps?

Can I claim for my child’s injury?

If your child has been injured in an accident, perhaps at school or while walking in the street, the important thing to remember is that they cannot personally begin their own claim for personal injury compensation – until your child becomes a legal adult, a parent or guardian must act on their behalf. 

One of the questions you are likely to think about over and over again in your mind is whether your child will be required to appear in court as part of the claims process. However, claims for personal injury compensation rarely progress to court. This is because the other side will not want to prolong the case where the outcome is not likely to go in their favour. Instead, the majority of personal injury compensation claims are settled outside of court. 

Starting your own claim as an adult

If you were injured as a child in an accident that was not your fault, and if your parent or legal guardian did not go through the process of beginning a personal injury compensation claim on your behalf, this does not necessarily mean that you have missed your opportunity to begin a claim. There are potentially many routes towards starting your claim as an adult. There are two main routes.

First, you may begin your claim upon becoming an adult. This comes with the caveat that you have a time limit of usually three years to begin your claim upon becoming an adult – that’s why you should consider starting your claim as soon as possible.

Secondly, you may be able to begin your claim for a childhood injury at any adult age where you act within certain time limits of discovering that your injury was linked to negligence. For example, you may discover your illness was caused by exposure to unsafe substances. The time limits for beginning this type of claim may vary – always speak to a lawyer if you are not sure.