Child Whiplash Claims Guide – Can You Claim For Your Child?

Whiplash injuries in children can be distressing, especially when they result from accidents that were not their fault. If your child has suffered whiplash, you may be wondering: can you claim whiplash for a child? The answer is yes, and a child whiplash claim can help recover damages for their pain, suffering, and related costs.

Claiming for child whiplash can be complex, but using a claims management firm simplifies the process, ensuring you meet legal requirements while reducing stress. Fentons could be able to help you claim under a No Win No Fee agreement, providing peace of mind while pursuing justice for your child.

Key Facts

• A child whiplash claim can be made by a parent or legal guardian acting as a “litigation friend” until the child turns 18.
• No Win No Fee child whiplash claims are available, meaning there are no upfront legal fees, and you only pay if the claim succeeds.
• Whiplash symptoms in children can take hours or days to appear, so it’s important to seek medical attention as soon as possible.
• Child accident compensation can cover various damages, including pain, suffering, medical expenses, and future care needs.
• Making a claim on behalf of a child is subject to strict legal time limits, with most cases needing to be filed before the child turns 21.

Understanding Child Whiplash Claims

 

A child whiplash claim is a type of personal injury claim made when a child suffers whiplash due to someone else’s negligence. Since children cannot file legal claims themselves, a parent or guardian must act as a “litigation friend” to make the claim on their behalf. The process can seem overwhelming, but a claims management firm simplifies it, handling legal requirements and negotiations. No Win No Fee child whiplash claims provide a risk-free way to seek justice without upfront costs.

To successfully claim, you must prove:

• The accident was caused by another party’s negligence – for example, a driver’s reckless behaviour.
• The child suffered a whiplash injury – supported by medical evidence.
• The injury had a significant impact – affecting their well-being or resulting in financial costs.

Child whiplash compensation can cover various damages, including pain, suffering, and expenses for medical treatment or rehabilitation. Fentons could be able to help you claim, ensuring the process is handled professionally and efficiently.

What Are the Common Causes of Whiplash in Children?

Whiplash injury in children can occur in many situations where the neck is suddenly forced to move beyond its normal range. The most common cause is car accidents, particularly rear-end collisions. However, other incidents can also lead to a child whiplash injury compensation claim. Parents often overlook minor accidents, but if your child has experienced any of these situations, seeking medical and legal advice is crucial.

The main causes of child injury claims for whiplash include:

• Car accidents – sudden braking or impact from another vehicle can jerk a child’s head violently.
• Falls and slips – landing awkwardly on the head or neck can result in whiplash.
• Playground accidents – collisions with other children or falls from equipment can cause similar injuries.
• Sports injuries – high-impact sports like football or gymnastics can lead to rapid neck movements.
• Theme park rides – roller coasters and bumper cars can cause a whiplash-like effect.

If your child has suffered a whiplash injury due to someone else’s negligence, they may be entitled to child accident compensation. Contact Fentons for more advice on whether you can make a claim.

What Are the Symptoms of Whiplash in a Child?

Whiplash symptoms in children can be difficult to detect, as young children may struggle to describe their pain. Symptoms often appear hours or even days after the accident, making early medical evaluation essential. Delayed symptoms can also impact the success of a child whiplash claim, as medical records are key evidence. Parents should be alert to any unusual behaviour or complaints after an accident.

Common symptoms include:

• Neck pain and stiffness – often worsening over time.
• Headaches – caused by muscle strain or nerve damage.
• Dizziness and balance issues – a sign of nerve irritation.
• Fatigue and irritability – children may seem more tired than usual.
• Difficulty concentrating – particularly in older children or teenagers.

Recognising these symptoms early helps secure medical treatment and supports a potential personal injury claim. If your child has these symptoms after an accident, seek medical advice and explore options for making a claim on behalf of a child.

Can a Child Claim for Whiplash After a Car Accident?

Yes, you can claim whiplash for a child after a car accident if the injury resulted from another party’s negligence. Whether they were a passenger in your vehicle, another car, or a pedestrian, they have legal rights to compensation. Car accidents are a leading cause of child whiplash compensation, as even low-speed collisions can cause neck injuries in young passengers. The legal process for No Win No Fee child whiplash claims ensures parents can pursue justice without financial risk.

To make a successful claim, you will need:

• Medical records – proving the injury and its impact.
• Accident details – including witness statements and police reports.
• Evidence of expenses – medical costs, travel expenses, or rehabilitation needs.

Parents and guardians must initiate claims within the legal time limits. In most cases, you have until the child’s 21st birthday to claim, but starting early strengthens the case. Fentons could be able to help you claim, guiding you through the process of making road traffic accident claims.

Can a Child Claim for Whiplash After a School Bus Accident?

If your child has suffered a whiplash injury in children due to a school bus accident, you may be eligible to make a child whiplash claim. Accidents involving school buses can happen for various reasons, including driver negligence, poor road conditions, or another vehicle colliding with the bus. Even a sudden stop can cause whiplash, as children’s necks are more vulnerable to sudden movements. Making a claim on behalf of a child ensures they receive the support they need for recovery.

Can I Make a Claim If the Accident Was Partly My Child’s Fault?

If the accident was partly your child’s fault, you may still be able to pursue a child injury claim. In England and Wales, personal injury law follows the principle of contributory negligence, meaning compensation may be reduced if the child was partly responsible. However, young children are often not considered legally responsible for their actions, so liability usually falls on the supervising adult, vehicle driver, or property owner.

Factors that can affect a personal injury claim when partial fault is involved:

• Age of the child – younger children are rarely found at fault, whereas older children may share some responsibility.
• Circumstances of the accident – if a driver failed to react appropriately, they may still be held liable.
• Negligence of another party – such as a driver speeding in a school zone or failing to follow road safety laws.

Even if partial fault applies, child accident compensation may still be awarded, although it could be reduced. Contact Fentons for more advice on whether you can still pursue a child whiplash injury compensation claim.

How Much Compensation Can a Child Receive for Whiplash?

The amount of whiplash compensation amounts a child could receive depends on the severity of the injury and its impact on their life. Unlike adults, children’s injuries can have long-term consequences, particularly if they affect their growth or development. Compensation aims to cover not only pain and suffering but also future care needs, medical costs, and any financial losses incurred by the parents due to the injury.

A child whiplash compensation claim may include:

• General damages – for pain, suffering, and loss of enjoyment of life.
• Medical expenses – including physiotherapy, specialist treatments, and prescription costs.
• Future impact – compensation for ongoing issues such as chronic pain or the need for long-term therapy.
• Parental expenses – covering travel costs, loss of income, or childcare expenses.

Every child whiplash claim is assessed individually, based on medical reports and legal guidelines. No Win No Fee child whiplash claims make it possible to seek compensation without financial risk. Fentons could be able to help you claim, ensuring you receive the maximum compensation available. Below are the standard personal injury compensation amounts for whiplash:

Whiplash: £240 to £260 – Minor whiplash with full recovery in up to 3 months. Symptoms include mild neck pain and stiffness, requiring little to no treatment.

Whiplash: £495 to £520 – Whiplash lasting 3 to 6 months, causing moderate pain and stiffness, possibly requiring physiotherapy or pain relief.

Whiplash: £840 to £895 – Symptoms persist for 6 to 9 months, affecting mobility and daily activities, often needing treatment.

Whiplash: £1320 to £1390 – Pain and stiffness last 9 to 12 months, requiring regular medical care and impacting movement.

Whiplash: £2040 to £2725 – Lasts 12 to 15 months, with ongoing pain, headaches, and possible secondary symptoms needing extended treatment.

Whiplash: £3005 to £3700 – Symptoms continue for 15 to 18 months, significantly affecting daily life and requiring long-term rehabilitation.

Whiplash: £4215 to £4345 – Severe whiplash lasting 18 to 24 months, with chronic pain and lasting mobility issues needing continuous care.

How Do I Make a Whiplash Claim on Behalf of My Child?

When making a claim on behalf of a child, the process differs from a standard personal injury claim because children cannot legally represent themselves. A parent or guardian must act as a “litigation friend” to handle the case. The claim must prove that another party’s negligence caused the whiplash injury in children and that the injury has had a measurable impact on their well-being. Using a claims management firm simplifies the legal process and ensures compliance with regulations.

To make a child whiplash claim, you should:

• Seek medical attention – get a formal diagnosis to document the injury.
• Gather evidence – collect accident reports, witness statements, and photos if possible.
• Contact a claims management firm – professionals handle negotiations and legal formalities.
• File the claim within the time limit – ensuring the case is pursued before the deadline.

A successful child whiplash injury compensation claim can cover damages such as medical expenses and emotional distress. Fentons could be able to help you claim, guiding you through the process and ensuring the best possible outcome.

Is There a Time Limit for Claiming Child Whiplash Compensation?

Yes, there are strict legal deadlines for child injury claims. While most whiplash compensation claims must be made within three years of the accident, exceptions apply to claims involving children. A child cannot bring a claim themselves until they turn 18, so parents or guardians can claim on their behalf at any time before this. If no claim is made before the child turns 18, they have three years (until their 21st birthday) to make the claim themselves.

Key time limits to remember:

• Before age 18 – a parent or guardian can claim at any time.
• From 18 to 21 – the child has three years to file a claim.
• Exceptions – cases involving serious injury or exceptional circumstances may have different rules.

Starting early strengthens the case, ensuring evidence is fresh and available. Contact Fentons for more advice to ensure your claim is made within the legal timeframe.

What Evidence Is Needed for a Child Whiplash Claim?

Gathering strong evidence is crucial for a child whiplash compensation claim. Since whiplash symptoms in children may not appear immediately, medical records play a vital role in proving the injury. Evidence must demonstrate that the accident was caused by another party’s negligence and that the injury had a significant impact on the child’s life. Without sufficient proof, the claim may be denied or compensation reduced.

Essential evidence includes:

• Medical records – diagnosis, treatment, and expert reports.
• Accident reports – from police, schools, or other relevant sources.
• Witness statements – from those who saw the incident happen.
• Photographic or video evidence – showing the accident scene or injuries.
• Financial records – documenting medical expenses or other related costs.

Providing comprehensive evidence improves the chances of a successful No Win No Fee child whiplash claim. Fentons could be able to help you claim, ensuring all necessary documents are gathered and presented effectively.

How Does a No Win No Fee Agreement Work for Child Whiplash Claims?

A No Win No Fee agreement allows parents to pursue a child whiplash claim without financial risk. This means there are no upfront legal fees, and you only pay if the claim is successful. If the claim is unsuccessful, you do not have to cover legal costs. This system makes it easier for families to seek child accident compensation without worrying about expenses. The agreement also ensures that claims management firms are motivated to achieve the best outcome.

Key benefits of a No Win No Fee child whiplash claim:

• No upfront costs – parents do not need to pay anything to start the claim.
• No financial risk – if the claim fails, there are no legal fees.
• Expert legal support – experienced professionals handle the case.
• Increased access to justice – families can claim without worrying about costs.

This type of agreement provides peace of mind for parents seeking justice for their child. Fentons could be able to help you claim, ensuring a smooth and stress-free process while securing the compensation your child deserves.

Fentons Can Help You to Make Child Whiplash Claims

If your child has suffered a whiplash injury, Fentons could be able to help you claim the maximum compensation they deserve. With over 30 years of experience in child whiplash claims, our team of claims professionals ensures that every case is handled with care and expertise.

We provide free legal advice from friendly experts who can guide you through the process, making it as simple and stress-free as possible. Our specialists understand the complexities of child whiplash compensation and will work tirelessly to secure the best possible outcome for your child. No Win No Fee child whiplash claims mean you don’t have to worry about legal costs. To find out if you can claim, call 0333 000 0723 or contact us today.

Child Whiplash Claims FAQ

Do I Need a Solicitor for My Child’s Whiplash Claim?

No, you do not need a solicitor to make a child whiplash claim. A claims management firm can handle the entire process, from gathering evidence to negotiating compensation.

What Is a Litigation Friend in Child Injury Claims?

A litigation friend is an adult—usually a parent or guardian—who represents a child in a legal claim. They make decisions on the child’s behalf until they turn 18.

Are There Specific Laws for Child Whiplash Claims in the UK?

Yes, child injury claims follow The Limitation Act 1980, which extends the claims period until the child turns 21. Court approval is also required for settlements.

How Long Does It Take to Settle a Child Whiplash Claim?

Most claims take 6 to 18 months, depending on complexity, medical assessments, and whether the other party accepts liability. More complex cases may take longer.

Child Whiplash Claim Resources

NHS – Whiplash: A guide to whiplash, an injury caused by sudden jerking of the neck, often in car accidents, including symptoms, causes, and treatment options like physiotherapy or pain relief.

Police – Road Safety – Collisions: Learn about road safety and handling collisions, including what to do in the event of an accident, how to report incidents, and the role of law enforcement in traffic safety.

THINK – Education Resources: Discover educational resources provided by THINK! to teach road safety in schools and other educational settings, helping children and young people learn about safe road practices.