If your child has been in an accident that wasn't their fault and you wish to claim compensation, one of the most important things you need to do is gather as much evidence as possible. While at the time of the accident, documenting the situation maybe the last thing on your mind, here is what we recommend doing, so you have the strongest possible evidence to support your case.

• Make sure that you, your child and anyone else in the vicinity is safe

• Report the incident to the relevant people, such as the council, police, school senior management and, if needed, ring an ambulance if immediate medical attention is required

• Take photographs that clearly show details of the accident scene and any injuries sustained

• Get the names and contact details of any witnesses

• Seek medical attention for any injuries your child may have sustained as soon as possible and keep records of the doctor's diagnosis and all treatments

• Record all of your expenses directly related to your child's accident - this may include medical bills, transportation to and from the hospital, purchase of any type of mobility aids.

When it comes to personal injury claims, ensuring you have as much evidence as possible is important to a successful case. We will, of course, help you to gather the evidence you need and ensure your child is seen by an independent medical expert to assess their injuries and what treatment they will need, now and in the future.

A claim for a child is usually brought in their name by a responsible adult, typically the child's parent or guardian. When an adult acts on behalf of a minor in a child injury claim, they are known as a 'litigation friend.' They will instruct the solicitor and make decisions on the child's behalf.

Anyone can be appointed by the Court to be a litigation friend and they will always check if you're a suitable candidate, by ensuring that your interests do not conflict with the child's and that you can make important decisions in a fair and competent way. Generally, litigation friends are:

• Parents or Guardians

• Friends or family members over the age of 18

• A Court appointed deputy

• Someone who possesses Lasting Power of Attorney

• A Solicitor

• A professional advocate such as an independent mental capacity advocate

• Social worker

When it comes to child injury claims, the role of a litigation friend is to act on behalf of the claimant and take important decisions on their behalf - decisions that might affect their future. A litigation friend will be expected to:

• Deal with the child's solicitors, including attending any meetings with them or a barrister

• Deal with any correspondence

• Sign and approve official documents

• Ensure the child attends all the necessary medical appointments that are related to the claim

• Explain the process to the child claiming child injury compensation in the best way possible.

A litigation friend will continue in their role until either the child turns 18 or when the claim is resolved.

Yes, you can claim if your child has been in a car accident that was not your or their fault. As their parent or guardian, you can make a personal injury claim on their behalf or when your child turns 18 years old, they will have three years to pursue the claim themselves if they choose to.

It is highly unlikely that your child will have to attend Court in a children's personal injury claim. However, your child will probably have to attend an infant approval hearing if an offer is made and it is accepted along with their 'litigation friend' and their solicitor. This usually takes place in private in the Judge's chamber, which is more like an office than a Court. If your child does need to attend Court, we will guide you every step of the way.

When a child is awarded compensation for a personal injury claim, the money will be paid to the Court and invested on behalf of the child, or the Court may order the money to be paid into an investment account until they reach the age of 18. Once the child is 18 years old, the compensation plus the interest is paid directly to the child. Occasionally, in cases with small amounts of compensation, the money may be paid to the parent or guardian, but all parties must agree to this.

It is usually possible to get some money paid out earlier than this if it is required for the benefit of the child, for example, to support the child's education or to pay for medical treatment. However, any early payments are at the discretion of the Judge.

Depending on the case and whether the child is ever likely to have mental capacity, it is possible for our solicitors to act as a Court Appointed Deputy and help look after the compensation amount awarded, especially if this sum is substantial. At Forbes Solicitors, we have been appointed Court Deputies for a number of our clients - especially in cases such as medical negligence.

Child injury claim - medical negligence case study

Leona suffered brain damage from a complicated birth that was due to medical negligence. She was later diagnosed with cerebral palsy. Leona's mother, Angela, contacted Forbes Solicitors to find out whether she had a claim. We successfully secured Leona and her family a large amount of compensation that helped cover the cost of her care for a lifetime. Since the case was settled, we have continued to work as a Court Appointed Deputy to oversee the use of funds in the right way.

The compensation awarded has meant that Leona's family can have help from a carer, that they were able to buy a suitable property that can accommodate Leona's care needs, and which has enabled them to spend meaningful time together as a family.

If your child has been in an accident that was not their fault, contact our expert child accident solicitors today on 0800 037 4625.