Thorley Stephenson, Edinburgh Law Firm

Thorley Stephenson SSC is an Edinburgh based law firm providing a wide range of legal services in family, child and criminal court cases throughout Scotland. Tel: 0131 556 9599
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A guide to bringing a personal injury claim on behalf of a child

If you're a parent, the thought of your child being injured in an accident as a result of someone else's negligence doesn't bear thinking about. Unfortunately, children can be injured in accidents just like adults. But what do you do when it happens, and it isn't their fault? Many parents are unaware that they can pursue a personal injury claim on their child's behalf and that the claiming procedure is very similar to that of an adult.

In this article,  we look at some of the considerations if you are thinking of making a claim. Our experienced personal injury lawyers can talk to you about how to bring a no win, no fee claim. Call us on 01315569599, or request a callback by completing an online enquiry form.

The personal injury claim process for children

Scottish law considers anyone up to the age of 18 to be a minor. Therefore they cannot represent themselves and make a personal injury claim of their own. If a child suffers a personal injury, a parent or guardian must make a claim on their behalf.

The parent or guardian claiming on their behalf is referred to as their 'litigation friend'. The litigation friend must be independent in the eyes of the law and must not be involved in the accident in any way. They also can't be the person responsible for the accident. For instance, if a child was injured in a road traffic accident , and the child's mother had been driving and was at fault, the mother couldn't pursue a personal injury claim on behalf of her child. Another family member can, however, pursue the claim on behalf of the child, provided they weren't involved in the accident themselves.

How do I make a claim for my child?

If you feel your child has a claim, it is important to make it as soon as possible following the accident. When you get in touch with us, our expert team of personal injury solicitors will discuss whether or not they believe you have grounds for compensation. They can also provide information on medical specialists that may be able to help your child, depending on the type of injuries they have sustained. If your case is on a no win, no fee basis, this means that you won't have to pay fees for making a claim if your claim is unsuccessful.

How long will it take to make a claim?

Keep in mind that depending on the case's complexity, some cases may take longer. The time it takes will depend on the severity of your child's injuries, how the accident occurred, and how the party who is responsible responds to your claim. We do everything we can to ensure that our clients have the strongest possible case and to resolve claims as quickly and smoothly as possible.

Is there a time limit for making a claim?

Once a child reaches the age of 18, they then have an additional three years to pursue a personal injury claim that relates to an injury they received as a minor. They can pursue this themselves if their parent or guardian haven't already claimed on their behalf. Claims cover all manner of injuries and illnesses as a result of another party's negligence.

Contact our Personal Injury Lawyers, Edinburgh

At Thorley Stephenson SSC, our team of personal injury lawyers can provide an initial free consultation on your case and then advise you on making an injury claim on behalf of your child. We can also put you in touch with the right experts who can ensure that you receive the right compensation by negotiating on your behalf to achieve a fair settlement. We will also recover all costs from the party at fault, so you receive 100% of your compensation. Contact us today on 01315569599 for an initial free interview, or fill in our online enquiry form, and we will get back to you.

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