Time Limits for Child Accident Compensation Claims
Under normal circumstances, adults have three years from the date of the accident in which to bring a claim for compensation, but the rules relating to children are different.
The law states that if a person is under eighteen when the accident occurs then the three year limitation period does not begin until the child's eighteenth birthday. In consequence Court proceedings can commence at any time prior to the twenty first birthday of a child.
This means that the parents or guardian of a child can take one of two options to make a claim for child injury compensation:
- The claim can be made as quickly as possible after the accident has occurred in which case, if the claim is successful, the compensation award will be lodged in a court fund until the child's 18th birthday.
- The claim can be made when the child is old enough to make a decision about whether or not to pursue a claim for the injuries he or she has sustained due to the accident.
One exception to the rule applies if the accident occurred on board an aircraft in which case there is a 2 year limitation on making a child injury compensation claim, from the date on which the accident occurred.
Making a child injury compensation claim is better sooner, rather than later
Irrespective of the extended time limits that apply to child injury compensation claims, it is essential to contact the Children's Accident Helpline as soon as possible after the accident has occurred, since witnesses have to be contacted and evidence preserved.
Time limit for compensation applicants under 18 years of age on the date of the incident
Special provision applies if you were under 18 at the time of the incident. Whilst the rules are strictly enforced by the Courts, there may be circumstances in which it is possible for a person to bring an action for an injury sustained in childhood after their 21st birthday. Children's Accident Helpline will advise you whether this is possible, according to the details of your individual case. Whilst our specialist child injury compensation solicitors will consider later applications from you in those circumstances, it is in your best interest to apply as soon as possible. If you are not able to make your own application, your parent or guardian can make the claim on your behalf.
If you have sustained injury as a result of violence or other crime, logically your claim will be much easier to prove if it is made as close to the date of the incident as possible, since you have clear evidence of visible injury.
Don't risk having your child accident compensation claim rejected
No matter the circumstances you do not want to risk having your claim rejected by law due to the stature of limitations hence, it is essential to seek advice from an expert child injury solicitor as quickly as you are able to.
For parents of children who have sustained injury, discuss your options with the Children's Accident Helpline so that you fully understand the action that needs to be taken when making an injury compensation claim on behalf of your child. Contact us today on 0800 433 7690 or complete our simple compensation claim form.