Children are more vulnerable to injury than adults, and a cycling accident can cause both physical and emotional trauma that may have lasting effects.
If your child has been involved in a cycling accident caused by someone else’s negligence, you may be able to make a personal injury claim on their behalf.
How common are child cycling accidents?
Child cycling accidents are unfortunately quite common. According to statistics from the Royal Society for the Prevention of Accidents (RoSPA), in 2020 alone, 1,620 children were injured while cycling in the UK, with 369 sustaining serious injuries and 9 tragically losing their lives.
The actual number of accidents may be much higher, as many cycling accidents are not reported to the police and therefore not included in official statistics.
How do I claim compensation for a child’s cycling injury?
If your child is injured due to the negligence or recklessness of another person - whether it's a motorist, a local authority, or another cyclist - you can pursue compensation on their behalf. This process is similar to a claim for yourself or any other adult.
In these cases, you, as the child’s parent or legal guardian, would act as their 'litigation friend'. The litigation friend is responsible for managing the claim and ensuring that decisions are made in the best interests of the child.
The litigation friend must be independent and uninvolved in the accident. For instance, if a parent was driving the vehicle involved in the accident, another adult, such as a relative, should step in as the litigation friend.
How long do I have to start a compensation claim for a child?
When it comes to child injury claims, the time limit works a little differently than it does for adults.
If your child was injured in a cycling accident, you can start a claim on their behalf at any point before they turn 18. Once they reach the age of 18, they then have an additional three years (up to the child’s 21st birthday) to start a claim for themselves.
How and when does the child receive their compensation?
When a compensation award is made in favour of a child, the court usually holds the money in a special investment account until the child reaches 18. The court ensures that the funds are safely managed and may invest the money to ensure it grows over time.
The court will, however, release part of the compensation before the child turns 18 if it's necessary. For example, if the compensation is intended to cover medical treatment, part of the funds would be released to cover those costs before the child reaches adulthood.
What types of compensation can be claimed?
In a child cycling injury claim, compensation may be awarded for various factors, including:
General damages
General damages are awarded for physical injuries, including pain, suffering, loss of amenity, emotional trauma, and any other long-term effects of the accident.
Special damages
Special damages are awarded for any other expenses incurred due to the accident, such as:
- Transport to medical appointments or home adaptations for more severe injuries.
- Costs for medical treatments, therapy, and rehabilitation.
- If the injury has long-term impacts, such as requiring ongoing medical support or special care.
- Compensation may cover the disruption to the child’s education if the accident resulted in extended time off school.
Find out how much compensation you could claim for your child's injuries.
Why court approval is required for settlements
When a compensation claim is made on behalf of a child, any settlement or compensation award must be approved by the court. This is to ensure that the settlement is in the best interest of the child. The court carefully reviews the terms of the settlement, ensuring it is reasonable and appropriate.
Court approval is a necessary step to protect the child’s future, ensuring they receive the compensation they are entitled to, and that the funds are managed correctly until they are old enough to handle it themselves.
How can Cycling Injury Legal help?
At Cycling Injury Legal, we understand the unique challenges involved in making a no win, no fee compensation claim for a child who has been injured in a cycling accident. Our experienced panel of expert solicitors specialises in helping injured cyclists and has extensive experience handling child injury claims.
We can assist you every step of the way, from assessing the circumstances of the accident and gathering evidence to filing the claim and seeking court approval for any settlement. We’ll work hard to recover the maximum compensation (including interim payments where possible) for your child’s injuries, ensuring their future is secure.
Call us now for a free, no-obligation discussion about you and your child's position and the best options moving forward.
Written by Chris Salmon on 24th February 2023