LEGAL GUIDE · ENGLAND & WALES
When a child is injured because of someone else’s negligence, parents face a situation that is equal parts distressing and confusing. You want justice for your child, but the legal process can feel opaque and overwhelming. The good news is that the law in England and Wales gives children strong protections in personal injury cases — and as a parent or guardian, you can act on your child’s behalf from the moment the accident happens.
This guide explains who can make a claim, how the process works, how compensation is protected and — crucially — why there is no need to rush.
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Yes. In England and Wales, children under 18 do not have the legal capacity to bring a court claim in their own name. Instead, an adult acts on their behalf as a litigation friend. In most cases this is a parent or guardian, but it can be any responsible adult who does not have a conflict of interest with the child.
As a litigation friend, you instruct a solicitor, give instructions on the child’s behalf, and make decisions about the conduct of the claim. You have a legal duty to act in the child’s best interests throughout.
Children can claim compensation for any injury caused by another person’s or organisation’s negligence. Common scenarios include:
This is one of the most important points for parents to understand. The standard three-year time limit for personal injury claims in England and Wales does not begin until the child turns 18. This means a child injured at any age has until their 21st birthday to issue proceedings.
However, there are two very good reasons not to wait:
Our advice: Although there is no legal urgency, instructing a solicitor as soon as reasonably possible after the accident gives your child the best prospect of a strong claim. We can manage the process sensitively alongside your child’s recovery.
This is the most significant procedural difference. Because a child cannot make legally binding decisions for themselves, any settlement of a child’s personal injury claim must be approved by a court — even if both sides have agreed a figure. This is not a formality: the court is genuinely scrutinising the settlement to ensure it is in the child’s best interests and that the compensation is fair.
Your solicitor will prepare a formal approval application and attend a brief hearing (usually lasting less than 30 minutes) at which the judge reviews the medical evidence, the settlement figure, and the proposed breakdown between general and special damages. This process protects your child from being under-settled.
Once the court approves a settlement, the compensation is paid into the Court Funds Office and held on trust for the child until they turn 18. It is invested on the child’s behalf during this period. When they reach adulthood, they receive the full fund including any interest earned.
In some cases, the court may release funds earlier for specific purposes — for example, to fund necessary medical treatment or specialist equipment. For very large awards (typically in serious injury cases), the court may order that funds be managed by the Court of Protection or through a personal injury trust, depending on the child’s circumstances and the nature of their ongoing needs.
Not all personal injury solicitors handle child claims regularly. The procedural requirements, the need for age-appropriate medical evidence and the court approval process require specific experience. At NJS Law, our team handles child personal injury claims as part of our broader serious and life-changing injury practice.
The same principles apply as for adult claims — compensation is divided between general damages (for pain, suffering and loss of amenity) and special damages (for financial losses). In child claims, special damages often include:
In serious cases — such as brain injury or spinal injury sustained in childhood — the future loss of earnings element alone can result in multi-million pound awards, because the calculation spans an entire working lifetime.
If your child suffered an injury before their 18th birthday and has now turned 18 without a claim being made, they have until their 21st birthday to issue proceedings themselves. They no longer need a litigation friend. If you are a young adult reading this having been injured as a child, the same no win, no fee arrangement applies — contact us before the deadline expires.
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Almost certainly not. The court approval hearing for a settled claim is attended by the litigation friend and solicitor — the child does not need to be present. If a case proceeds to a full trial (rare — most cases settle), children are generally not required to give evidence unless they are old enough and it is deemed appropriate.
Yes. Any adult who has no conflict of interest with the child and is willing to act in their best interests can serve as a litigation friend. This might be a grandparent, aunt or uncle, or other trusted adult. Your solicitor will guide you through the formal appointment process under CPR Part 21.
Under a no win, no fee arrangement, the litigation friend (parent or guardian) pays nothing if the claim is unsuccessful. After the Event (ATE) insurance is arranged to cover the defendant’s costs in that scenario. You face no financial risk.
Schools owe a duty of care to pupils while they are in their care. If a child is injured due to inadequate supervision, unsafe equipment, a poorly maintained building or a school trip that was not properly risk-assessed, the school (or the local authority responsible for it) may be liable. These claims follow the same process as other personal injury claims for children.
This article is for general information purposes only and does not constitute legal advice. It applies to the law of England and Wales as at June 2026. References to CPR Part 21 and the Limitation Act 1980 reflect the current rules. For advice specific to your child’s situation, please contact NJS Law directly.
For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s personal injury claims service page.
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