When a Child is Injured – How it Affects the Family as a Whole

It is an incredibly difficult time when any person is injured in an accident. However, it is particularly distressing when this person is a child who has sustained serious or life-changing injuries. It can be very challenging to navigate the general process of recovery without thinking about how a claim can be made. Additionally, when a child is injured, this can fundamentally change family dynamics and responsibilities.

This article lays out the key differences in the claim process between children and adult claims, the main difficulties that families face when a child is injured and what support is available to support children and families navigate recovery.

Children v Adult personal injury claims

While the general process for personal injury claims involving adults and children is similar, there are a few key differences which may not have been considered before bringing a claim for your child.

Litigation  Friend

As the child is under 18, they do not have the legal capacity to bring a claim for personal injury on their own and will need the assistance of an appropriate adult to make decisions on their behalf. This person is called a Litigation Friend. Their main responsibility is to make decisions which are in the best interests of the child, in terms of recovery and compensation. The Litigation Friend does not necessarily need to be a parent but does need to be impartial and have a close relationship with the child to monitor their recovery. It is therefore recommended that a Litigation Friend is someone who was not involved in the accident that could potentially be held at fault for the accident.

Infant Approval Hearing

Another role of the Litigation Friend, which also differs from most adult claims, is that once settlement has been agreed between the child and the third party, they will have to attend Court with the child to have the settlement approved. As the child is under 18 years old, this extra step is for a Judge to ensure that the settlement reached adequately compensates the child for the injuries sustained in line with valuation guidelines and makes sure that the child has recovered from their injuries in line with the medical report prognosis periods. The Court will often need to hear from the child themselves and the Litigation Friend, so it is important that this appropriate adult has regular contact with the child and has a good understanding of the child’s recovery.

The last difference, albeit a smaller one, is in terms of recovery and the time it may take to settle a claim. With any traumatic injury, whether it be an adult or a child, it can take a significant period to fully recover and, in some cases, injuries will be permanent. However, as children are not fully developed it is not always possible to know the full extent of their injuries until maturity. This can be particularly distressing for the child and the family as the case cannot be settled until there are prognosis periods for all accident-related injuries.

The affect of injuries on families

While the primary concern in any case is with the child and their recovery, family dynamics can understandably be affected and strained due to the changing circumstances. It can particularly challenging for other children in the family for a number of reasons. Firstly, depending on the age of the child, it may be difficult physically and emotionally to process the serious nature of their sibling’s injuries and their own emotions being in their presence, especially if these changes are physically stark. There may also be a change in priorities within the families which mean other children can feel neglected or sidelined during this period, causing emotional and behavioural outbursts.

It can also be extremely difficult for parents of injured children. Many parents will feel like they need to make difficult decisions in relation to treatment and recovery while life continues to move, and the process can be overwhelming. One of the main issues parents face is distinguishing between being a parent and a carer. Every parent wants to ensure that their child is receiving the best possible care, and often times, want to provide this care themselves. However, the physical care of a child with serious injury can be extensive and the recovery can be arduous. This can affect the parent – child relationship and mean that parents do not have any meaningful time to develop their relationship with their child outside of the physical care required.

This is why the support available to families going through such a difficult time is so important and should be explored from the offset of every claim.

Support for families

There are many different ways that children with serious injuries and their families can be supported throughout the life of the claim and the recovery process in general.

In relation to support throughout the claim it is pertinent to seek early rehabilitation as soon as possible to facilitate early recovery. In addition, appointing a case manager early in the process who can deal with the logistical challenges of arranging treatment will allow parents to emotionally support their child as a parent rather than a carer.

The Child Brain Injury Trust (CBIT)

There are also a number of support networks who can provide assistance and therapy for families during the initial steps and throughout the claim if required. Child Brain Injury Trust (CBIT) charity is a key resource for children and families. They provide space to connect with other families going through similar experiences, provide learning materials and host a number of events raising awareness about brain injuries in children and raising money to support children and their families; physically, emotionally and legally.

CBIT are currently promoting GloWeek – a safety awareness week specifically aimed at children and families as the days get darker and how to stay safe when travelling.

At Hodge Jones and Allen we work closely to support charities such as CBIT and some of our families have had the support of CBIT when dealing with accidents that have had a life changing impact on the child. 

Supporting a child after a serious injury can feel overwhelming. If you would like confidential advice about your options, our experienced personal injury solicitors are available to discuss your circumstances. Call us on 0330 822 3451 or request a callback.