Serious Injury · Children's Serious Injury Claims
Children's Serious Injury Claims
Expert advice for families pursuing serious injury claims on behalf of children.
Part of our wider Serious Injury Claims services
No obligation — speak to us first. Costs explained clearly.
When a child suffers a serious injury, the impact on the whole family is profound. Children's serious injury claims are among the most complex and sensitive cases we handle — and among the most important to get right.
At PDA Law, we act for families pursuing serious injury claims on behalf of children. We handle these cases with the expertise, sensitivity and long-term focus they require — ensuring the child's interests are protected at every stage.
The Litigation Friend — Acting on a Child's Behalf
A child under 18 cannot bring a legal claim in their own name. Instead, a litigation friend — usually a parent or guardian — must be appointed to conduct the proceedings on the child's behalf.
The litigation friend has important responsibilities. They must act in the child's best interests — not their own — and must not have any conflict of interest with the child. In practice, this means:
- Instructing solicitors and giving instructions on the child's behalf
- Approving the conduct of the litigation at each stage
- Considering and approving any settlement offer — subject to Court approval
- Ensuring the child's long-term interests are prioritised over a quick settlement
We guide litigation friends through their role carefully — explaining what is required and ensuring they are fully informed at every stage. If there is a potential conflict of interest (for example, where a parent may also have a claim arising from the same accident), we will advise on how this should be managed.
Court Approval of Settlements
Any settlement of a personal injury claim on behalf of a child must be approved by the court. This is a fundamental protection for the child — it ensures that no settlement can be agreed without independent judicial scrutiny of whether it is in the child's best interests.
The court approval process involves:
- An application to the court setting out the proposed settlement
- The court reviewing the medical evidence and expert reports
- The judge considering whether the settlement is fair and reasonable
- A formal court order approving the settlement
- Directions for how the compensation is to be held and managed
In serious injury cases, the court will scrutinise the settlement carefully — particularly the quantification of future losses, which are inherently uncertain for a child. We prepare thorough court approval applications that give the judge confidence that the settlement properly reflects the child's long-term needs.
How Compensation is Held
Once a settlement is approved by the court, the compensation must be held in a way that protects the child's interests until they reach 18. The court will direct how the money is to be held — typically:
Court Funds Office
Smaller sums are often paid into the Court Funds Office (formerly the Accountant General) where they are invested on the child's behalf
Deputyship
In larger cases, a deputy may be appointed by the Court of Protection to manage the compensation on the child's behalf
Personal Injury Trust
A trust can be established to hold compensation, protecting it from means-testing for benefits purposes
Periodical Payments
In catastrophic injury cases, compensation may be structured as regular payments rather than a lump sum
We advise on the most appropriate structure for holding the child's compensation — taking into account the size of the award, the child's ongoing needs and any benefit entitlement.
Types of Serious Injury in Children's Claims
Children's serious injury claims most commonly involve:
What Compensation Covers
Children's serious injury claims must account for the full long-term impact — which is often more significant than in adult cases because the child has their whole life ahead of them.
General Damages
- Pain, suffering and loss of amenity
- Loss of enjoyment of childhood
- Psychological impact
- Loss of marriage prospects
Special Damages
- Lifetime care costs
- Loss of future earnings and career prospects
- Specialist education and support
- Equipment, adaptations and accommodation
- Rehabilitation and therapy throughout life
Future loss calculations for children are inherently complex — particularly loss of earnings, where the child's career has not yet begun. We work with specialist employment experts and forensic accountants to ensure these losses are properly quantified and presented to the court.
Interim Payments — Funds Before Settlement
Children's serious injury claims can take considerable time to resolve — particularly where the long-term prognosis is still evolving as the child grows. You do not have to wait until settlement to receive financial support. Where liability is admitted or likely to be established, we can apply for an interim payment to fund the child's immediate needs.
- Immediate rehabilitation and therapy
- Specialist educational support
- Equipment and home adaptations
- Care costs and support workers
- Psychological support for the child and family
Early access to appropriate support can make a critical difference to a child's development and long-term outcome. We pursue interim payments as a priority in every children's serious injury case.
How We Work with Families
We understand that pursuing a legal claim is an additional burden for families already dealing with the consequences of a child's serious injury. We work with families in a way that minimises stress and maximises the outcome for the child.
Children's serious injury claims require specialist expert evidence — including paediatric consultants, educational psychologists, care experts experienced in childhood injury, and employment experts to address future loss of earnings. We build a comprehensive expert team tailored to the child's specific needs and circumstances.
We are transparent about costs and funding from the outset. Most children's serious injury claims are funded on a Conditional Fee Agreement (no win, no fee) basis, with After the Event insurance to protect against adverse costs.
We'll explain costs clearly before any work begins.
Judicial College Guidelines
What You May Be Entitled To
We understand that at this stage, understanding the potential value of your claim is important — both for peace of mind and for planning ahead. The figures below are general damages guidelines from the Judicial College Guidelines (16th Edition), the reference used by courts and insurers across England and Wales.
These figures cover pain, suffering and loss of amenity only. In serious injury cases, the total value of a claim is often substantially higher once special damages are included — past and future care costs, loss of earnings, rehabilitation, specialist equipment and home adaptations.
Every case is different. Jonathan Cloudsdale will give you a realistic, honest assessment of what your specific claim may be worth — at no cost and with no obligation.
Children's Serious Injuries
Very severe brain damage (child)
£344,150 – £493,000
Lifetime care needs; full future loss of earnings included
Moderately severe brain damage (child)
£267,340 – £344,150
Substantial cognitive and physical disability
Moderate brain damage (child)
£52,550 – £267,340
Varying degrees of cognitive impairment
Tetraplegia (child)
£396,140 – £493,000
Lifetime care; full future loss of earnings
Paraplegia (child)
£267,340 – £346,890
Significant ongoing care and equipment needs throughout life
Severe leg injury (child)
£47,840 – £165,860
Growth disruption may increase award
Severe PTSD (child)
£73,050 – £122,850
Permanent effects on development and functioning
Moderate PTSD / psychological trauma (child)
£9,980 – £73,050
Significant psychological impact on development
| Injury Type | Guideline Range | Notes |
|---|---|---|
| Very severe brain damage (child) | £344,150 – £493,000 | Lifetime care needs; full future loss of earnings included |
| Moderately severe brain damage (child) | £267,340 – £344,150 | Substantial cognitive and physical disability |
| Moderate brain damage (child) | £52,550 – £267,340 | Varying degrees of cognitive impairment |
| Tetraplegia (child) | £396,140 – £493,000 | Lifetime care; full future loss of earnings |
| Paraplegia (child) | £267,340 – £346,890 | Significant ongoing care and equipment needs throughout life |
| Severe leg injury (child) | £47,840 – £165,860 | Growth disruption may increase award |
| Severe PTSD (child) | £73,050 – £122,850 | Permanent effects on development and functioning |
| Moderate PTSD / psychological trauma (child) | £9,980 – £73,050 | Significant psychological impact on development |
Your claim may be worth significantly more than the figures above.
Special damages — care costs, loss of earnings, rehabilitation, equipment and home adaptations — are calculated individually and often substantially exceed the general damages figure. Speak to Jonathan Cloudsdale for a realistic, confidential assessment.
Source: Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases, 16th Edition. Figures are for general damages only and are subject to judicial discretion. Correct as at publication date.
Frequently Asked Questions About Compensation
Client Testimonials
What Our Clients Say
“When our daughter was seriously injured, we needed a solicitor who would fight for her future. Jonathan secured compensation that will fund her care, education and independence for life.”
Mr & Mrs Davies
Parents of child injury claimant, Chester
Testimonials reflect individual client experiences. Results may vary depending on the specific circumstances of each case.
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Serious injury claims on behalf of children — specialist advice for families.
Your Specialist Solicitor
Jonathan Cloudsdale
Head of Military Claims & Personal Injury
Jonathan has over 10 years' specialist experience in complex personal injury, military claims, industrial disease and catastrophic injuries. He has achieved multiple six-figure settlements in high-value cases.
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