There is no definitive answer. The amount of compensation your child could be owed for a road traffic accident depends on various factors, including the severity of their injuries, the impact on their life, and the specific expenses incurred. Our goal is to negotiate diligently on your behalf to secure the maximum compensation for your child's injuries and losses.

The compensation your child might receive after being involved in a road traffic accident depends on various factors:

1. Severity of injuries: compensation is generally higher for more serious and lasting injuries, including any permanent disabilities or long-term conditions that arise from the accident.
2. Medical expenses: this includes all costs related to medical treatment, from immediate care and hospitalisation to ongoing therapies, future healthcare needs, and out-of-pocket expenses that are directly linked to the accident. These out-of-pocket expenses cover costs incurred as a direct consequence of the injury, such as medical costs, rehabilitation, and loss of earnings.
3. Future financial losses: this covers potential future earnings that are lost or diminished earning capacity, especially if the injuries impact your child’s ability to work later in life.
4. Educational needs: costs associated with special educational support or adaptations needed at school due to their injuries can also be claimed.
5. Care requirements: if the injuries require ongoing care, whether professional or familial, these costs may be included in the compensation amount.
6. Legal framework: specific guidelines govern personal injury claims, including statutory limitation periods and mandatory procedures for claiming compensation.

Liability and negligence: the extent of each party’s fault in causing the accident impacts the compensation, with potential adjustments based on comparative negligence rules.

Pursuing compensation for a child’s injuries after a car accident involves several legal steps and considerations. Here’s a general outline of the process:

1. Initial consultation: typically, the process begins with a consultation with no win, no fee personal injury solicitors. During this meeting, the solicitor will assess the merits of the case based on the details of the accident, the injuries sustained, and the impact on the child’s life.
2. Gathering evidence: the solicitor will gather all necessary evidence to support the claim, including for whiplash claims. This includes medical reports, witness statements, accident reports from the police, and any photographic evidence from the scene. Expert opinions might also be sought, especially concerning medical and care needs for a whiplash claim.
3. Letter of claim: once the evidence is collected, the solicitor will send a ‘Letter of Claim’ to the defendant, which is typically the insurance company of the party at fault. This letter outlines the details of the accident, the injuries sustained, including whiplash injuries, and an initial estimation of the compensation sought.
4. Defendant’s response: the defendant has a set period (usually about three months) to investigate the claim and respond. They will either accept liability, offer a settlement, or dispute the claims.
5. Negotiations: if the defendant accepts liability or if there’s room for negotiation, both parties will try to settle the claim out of court. Negotiations may involve several rounds of offers and counteroffers, focusing on securing whiplash compensation for the injuries sustained.
6. Court proceedings: if a settlement cannot be reached, or if the defendant disputes the claim, the case may go to court. Court proceedings can be lengthy, and the judge will have the final say on liability and the amount of compensation.
7. Special rules for minors: in the case of children (minors under 18), any settlement agreed upon either in or out of court must be approved by the court. This is to ensure that the settlement is in the best interest of the child. The compensation will usually be held in a court-controlled account until the child turns 18.
8. Compensation and costs: if successful, the compensation will cover all aspects of damages and losses, including medical expenses, future care costs, loss of amenities, psychological impact, and potentially future earnings. Legal fees are generally covered by the defendant in successful claims.

In most cases involving personal injury claims for children, the child will not have to testify in court. The legal process is typically handled by the solicitors and, where possible, settled out of court to avoid the need for the child to appear in court. Here are a few key points regarding child testimony in court for such cases:

Avoidance of court appearance: solicitors and all parties involved usually try to resolve the case through settlement negotiations to avoid the stress and potential trauma of a court appearance for a child.

Use of evidence: most of the case will be supported by documentary evidence, including medical records, expert testimony and written statements, which helps to build a strong case without needing direct testimony from the child.

Court's protection measures: if a child's testimony is absolutely necessary, courts have measures in place to protect the child, such as giving evidence via video link or behind a screen, or in the presence of a trusted adult, to minimise the stress of the situation.

Judicial approval: in situations where the settlement is reached outside of court, the agreement still typically requires judicial approval to ensure that the settlement is in the best interests of the child. This process usually does not require the child's presence.

Legal representation: the child’s solicitor will represent their interests throughout the process, speaking on their behalf, and ensuring that the legal proceedings impact the child as little as possible.

Exceptional cases: there might be exceptional cases where a judge requires the child to be present or to give some form of testimony, especially if there are disputed facts where the child's account is crucial. However, these instances are rare and are handled with special care to protect the child.

If you are considering hiring a solicitor from JMW Solicitors for your child’s car accident case, we typically offer services on a “no win, no fee” basis. Here’s what this means for you:

No upfront costs: engaging a solicitor from JMW for your child’s case comes with no initial financial burden, aligning with the principle that personal injury solicitors should not impose upfront costs. This can be particularly helpful if you are concerned about the ability to afford legal representation.

Risk-free: the “no win, no fee” structure means that if your claim, including those for child whiplash injury claims or car accident claims, is not successful, you won’t be required to pay any solicitor’s fees. This reduces the financial risk involved in pursuing a claim.

Solicitor’s fees: if the claim is successful, the solicitor’s fees are typically recovered from the other side, or a portion of the compensation awarded may be used to cover these costs. The specific percentage or amount will be agreed upon beforehand and detailed in the agreement you sign.

Injury compensation encompasses a range of financial recovery options for victims of accidents, going beyond mere medical expenses to address the full impact of the incident. Beyond medical expenses, your child may be eligible for several other types of compensation following a car accident. These additional forms of compensation help cover the full scope of the impact the accident has had on your child’s life:

1. Pain and suffering: this covers the physical pain and emotional distress your child has endured due to their injuries. It is calculated based on the severity and duration of the pain.
2. Loss of amenities: if your child can no longer participate in activities they once enjoyed, such as sports, hobbies, or playing with friends, compensation can be awarded for this loss of enjoyment of life.
3. Future loss of earnings: if the injuries are severe enough to affect your child’s future ability to work or earn a living, compensation can be claimed to cover this potential loss. This is particularly relevant if the injuries lead to long-term disability.
4. Care and assistance: if your child requires ongoing care, even if provided informally by family members, you can claim compensation for the time and expenses involved. This includes compensation for professional care if needed.
5. Educational disruption: if your child’s education is disrupted due to their injuries, and they require tutoring or special educational services, costs related to these services can be compensated.
6. Psychological damage: compensation may also be available for any psychological or emotional issues stemming from the accident, such as anxiety, depression or post-traumatic stress disorder (PTSD), all of which might require therapeutic treatment.
7. Adaptations to home and vehicles: if your child’s injuries require modifications to the home, such as wheelchair ramps, stairlifts or specialised transport needs, these costs can also be included in the compensation claim.
8. Travel expenses: you can claim for travel costs related to medical appointments, hospital visits and treatments associated with your child’s injuries.