This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to personal injury claims for children and minors in England and Wales. Explains limitation periods, litigation friends, types of compensation, court approval and practical steps for pursuing injury claims on behalf of children. Accessible and authoritative for solicitors and the public.
Children and minors injured as a result of someone else's fault have legal rights to pursue personal injury claims and seek compensation for their losses. However, the legal process for children differs from that of adults in important ways - particularly in relation to legal capacity, limitation periods, and court approval of settlements. This article explains how personal injury claims for children work in England and Wales, the role of litigation friends, how time limits apply, what types of compensation are available, and practical steps parents and guardians can consider while navigating a claim.
Legal Capacity and Children's Injuries
Under English and Welsh law, a minor (a person under the age of 18) lacks the legal capacity to start court proceedings in their own name. This means that children cannot directly pursue a personal injury claim themselves. Instead, someone else must act on their behalf as a litigation friend - typically a parent, guardian, or legally responsible adult - to manage the claim and make decisions in the child's best interests.
A litigation friend has a key legal responsibility to safeguard the child's interests. They handle paperwork, negotiate with insurers, instruct solicitors, and may be required to explain and justify proposed settlements to the court.
Time Limits for Children's Personal Injury Claims
Limitation Rules
In most personal injury cases in England and Wales, there is a three‑year limitation period within which legal proceedings must be started (issued at court). This period normally runs from the date of the accident, or the date of knowledge if the injury or its cause was not immediately apparent.
However, for minors injured before they reach adulthood, the limitation period is treated differently. The three‑year limitation does not begin until the child's 18th birthday. As a result:
- A parent or guardian can bring a claim on behalf of a child at any time before their 18th birthday.
- If no claim has been issued by that point, the child (once they turn 18) will have three years from their 18th birthday to bring a claim in their own name.
This framework is designed to ensure that children's rights to compensation are protected while recognising their inability to manage legal proceedings independently. Claimants should not delay unduly, as early action aids evidence collection and recovery planning.
Role of the Litigation Friend
A litigation friend acts on behalf of a child claimant. Typical responsibilities include:
- Providing instructions to solicitors.
- Handling correspondence with insurers and defendants.
- Approving settlement offers before they are finalised.
- Attending hearings where the court considers the child's best interests.
Where a proposed settlement is reached, it often requires court approval before it can become binding. This is a protective mechanism intended to ensure that the compensation is appropriate and fair for the child's needs and long‑term interests. In some cases - particularly where substantial compensation is agreed - a judge will hold a hearing (sometimes called an infant approval hearing) to review the settlement terms and the supporting evidence before sanctioning the agreement.
What Can Be Claimed?
Child injury claims broadly cover the same categories of compensation as adult claims, but with special regard to the child's long‑term prospects and support needs:
- General damages: Compensation for pain, suffering and loss of amenity caused by the injury.
- Special damages: Financial losses resulting from the injury, including medical costs, rehabilitation, mobility aids, travel expenses, costs of care and supervision, and any loss of earnings experienced by parents who must care for the child.
Judicial College Guidelines (a key reference used in England and Wales to help assess general damages) take account of age‑related factors when assessing awards, such as the impact of injuries on future education, employment and quality of life.
Court Approval and Protection of Settlements
Because minors lack legal capacity, the court must approve settlements in many child injury claims to ensure they are fair and reasonable. This supervision applies especially where:
- The claim is settled before trial.
- The child's loss is significant or will last into adulthood.
- Compensation includes complex elements such as future losses or care needs.
Court approval serves to protect the child's interests and can include directions about how and when settlement funds are paid or invested for the child's benefit. In some cases, significant awards may be managed through trusts or other arrangements to protect the child's long‑term entitlements and benefit eligibility.
Practical Steps When a Child Is Injured
Early Medical and Legal Documentation
Prompt medical assessment and accurate documentation of injuries, treatment and prognosis are essential. These records form the backbone of evidence to prove liability and quantify losses.
Appoint a Litigation Friend Early
Appointing a litigation friend at the outset ensures the claim is properly managed. Solicitors can work with the litigation friend to prepare and submit claim documentation, engage with insurers and plan for long‑term needs.
Consider Interim Payments
Where a child has significant or life‑changing injuries, it may be possible to seek interim payments during the claim process to fund immediate treatment, rehabilitation, equipment or adaptations, provided the court and insurer agree.
Monitor Limitation Deadlines
Keeping track of limitation periods is crucial. Even though the standard three‑year period is paused until age 18, acting early can help strengthen evidence and reduce later disputes about liability or valuation.
Common Questions
Can a child bring a claim if no litigation friend acts before age 18?
Yes. If no claim is issued before the child's 18th birthday, they have three years from turning 18 to bring the claim themselves.
Do all child settlement offers need court approval?
Most settlements for children require court scrutiny to ensure they reflect the child's best interests, particularly where the award is substantial or includes future losses.
How is compensation used for a child?
Awards may be paid directly or held in trust until the child is older, depending on the amount and circumstances. Courts often oversee such arrangements to protect long‑term welfare.
Final Thoughts
Personal injury claims for children in England and Wales are structured to ensure that minors are protected throughout the legal process. Because children cannot bring claims themselves, litigation friends act on their behalf, manage the claim and safeguard their interests. Limitation periods are extended - the three‑year deadline does not commence until a child turns 18 - but early action and evidence collection remain important. Court approval of settlements adds an extra layer of protection, ensuring compensation is fair and suitable for the child's future needs. Understanding these processes, rights and responsibilities helps parents, guardians and advisers pursue meaningful compensation for injured children with clarity and confidence.
