News Article

My child was injured more than three years ago. Can a claim be made?

By law, children (that is anyone under the age of 18) are unable to bring a claim for personal injury compensation on their own and for that reason, there are special time limits to allow children to make personal injury claims much longer after the event than is allowed for an adult. 

How long after an accident can a child make a claim?

The general rule is that a claim for damages for personal injury must be ‘brought’ (i.e a claim form sent to court) within three years of the date of the accident. There are several exceptions to this and one of them is for children. Children are for some reason referred to as ‘people under a disability’ in the Limitation Act (the bit of law that deals with this issue). This has nothing to do with being disabled in the normal sense of the word and has nothing to do with any disability or injury caused by the accident.

For children, the time limit is still three year but the three year countdown clock does not start to tick until the child reaches the age of 18. That is when they become an adult and in legal terms no longer fall under the term ‘disability’. This applies whether they have recovered from their injury or not.

For example, if a child was injured in a playground accident on 1 March 2016 and at the time of the accident the child was aged 14 (born 1 February 2002), the three year period would not start until the date of the child’s 18th birthday i.e. 1 February 2020. The child would therefore have until 1 February 2023 to bring court proceedings. The accident date itself does not affect the time limit for bringing a claim.

It’s probably just a lot easier to just say that any child who has an accident when they are under 18 has until their 21st birthday to make a claim. 

One word of warning though; it is always best to make a claim as soon as you possibly can as its much easier to prove your case. Over time memories fade and documents get lost.

If you or your child was injured in an accident that wasn’t your/their fault (no matter how long ago it happened) and are not yet 21 years old, contact our senior personal injury solicitor, Dominic Moss to see if you have a claim on 01606 872200.

Facebook Posts

This message is only visible to admins.

Problem displaying Facebook posts.
Click to show error

Error: Error validating access token: Session has expired on Saturday, 09-Mar-19 13:12:58 PST. The current time is Tuesday, 19-Nov-19 06:01:46 PST.
Type: OAuthException
Subcode: 463
Solution: See here for how to solve this error

Get In Touch

Contact our expert team of friendly Northwich lawyers

FREE advice

Refer A Friend

Know someone who is looking for a good injury lawyer? Get more than just a thank you for recommending us to your family or friends.

See Details

Latest News

Keep up to date with all the latest news and events from our friendly team.

Read More

Rate Stonehewermoss Solicitors

Stonehewer Moss Solicitors, Citadel House, Solvay Road, Northwich, Cheshire, CW8 4DP

Solicitors in Northwich covering Chester, Crewe, Knutsford, Macclesfield, Middlewich, Northwich, Runcorn, Sandbach, Warrington, Winsford, and across Cheshire.

Stonehewer Moss Solicitors is a trading style of the Stonehewer Moss Limited, Registered in England No. 542 6583 and PIPLaw
which is a firm of solicitors authorised and regulated by the the Solicitors Regulation Authority No. 471159

Contact Us

Contact Us

To get in touch simply fill out the short form below and we will reply very shortly, and definitely within 24 hours. The online enquiry form is completely safe and secure, and your details will not be available to anyone other than Stonehewer Moss Solicitors.

Contact Form

This website uses Cookies to improve your browsing experience and to help with our marketing. You can read more about removing Cookies here.

I'm fine with this