The short answer is yes, you can.
While we sincerely hope you’ll never need to take legal steps for your child due to a personal injury, it’s important to understand that legal avenues are available should such a situation arise. Under Australian law, parents or legal guardians are permitted to act as litigation guardians and pursue compensation on behalf of a minor.
Naturally, your highest priority will be your child’s health and emotional wellbeing. While you focus on ensuring they receive the appropriate medical care for a strong recovery, a qualified personal injury lawyer can help by initiating legal action to protect your child’s entitlement to compensation. This can include covering medical expenses, future care needs, and pain and suffering.
Each year across Australia, a significant number of children sustain injuries or are left with lasting disabilities due to a range of unfortunate incidents, including:
- defective or unsafe consumer products;
- injuries sustained while at school;
- motor vehicle accidents;
- dog attacks;
- accidents in public areas such as parks and playgrounds; and
- incidents involving medical negligence.
If your child is employed and suffers an injury or develops an illness in the course of their work, they may also be eligible to lodge a workers’ compensation claim under applicable state or territory legislation.
The effects of an injury or illness can be devastating—not only for the child but for their entire family. Such incidents often lead to a substantial emotional and psychological toll, particularly impacting the mental wellbeing of both the injured child and their loved ones. The broader impact may include:
- placing strain on the family’s ability to engage in social activities;
- reducing a parent’s or guardian’s ability to continue working;
- affecting relationships with extended family, friends, or support networks; and
- creating an ongoing need for the child to receive continual medical treatment, therapy, or daily care.
The financial burden associated with managing the aftermath of an injury or illness can be considerable and overwhelming for many families.
If your child has sustained an injury due to an accident, or has suffered harm as a result of medical negligence, there may be grounds to pursue a compensation claim on behalf of your child.
Making a Legal Claim After a Child’s Injury
A child may be eligible to make a claim for compensation if they have suffered an injury or disability due to the negligence of another party. This includes circumstances where a child’s physical or mental wellbeing has been adversely affected as a result of negligence by a doctor, hospital, or other healthcare provider.
In some cases, a child may also have grounds to claim compensation if negligent medical treatment was provided to the mother during pregnancy or labour—care that falls below the accepted standard of the medical profession in Australia. This is often referred to as medical malpractice. For instance, if a baby sustains a birth injury, such as brain damage due to a lack of oxygen during delivery, a compensation claim may be available.
As children do not have legal capacity to initiate legal proceedings on their own, the law requires that a Litigation Guardian be appointed to act on their behalf. A Litigation Guardian is typically a parent or guardian who takes responsibility for managing the claim in the best interests of the child throughout the legal process.
What Compensation Is Possible for My Child’s Injury?
When children sustain injuries, their treatment requirements often differ significantly from those of adults. The expenses involved in diagnosing and managing a child’s injury or illness can be substantial and may continue for many years, potentially lasting throughout the child’s lifetime. It can also be challenging to accurately predict the full consequences of the injury or illness early on, as medical professionals may not fully understand how it will affect the child’s development until they reach adulthood.
For instance, in cases where a child suffers a head or brain injury, it may take several years before doctors can properly evaluate the long-term effects. More precise forecasts about the child’s future employment prospects often become clearer only after they have finished their secondary education.
Furthermore, the need for ongoing allied health services, therapeutic interventions, and specialised aids or equipment to manage the lasting impact of the injury or illness may increase or become more apparent as the child matures and their needs evolve over time.
While we sincerely hope your child never experiences a life-altering injury or illness, if unfortunately they do, it will understandably raise many important questions and concerns.
What kind of support and resources will your child require to effectively manage their condition?
Will they be able to attend a mainstream school, or will specialised schooling be necessary?
Might they need ongoing occupational therapy or other educational support to meet their unique learning needs?
In the case of children who suffer head or brain injuries, the rehabilitation journey can be prolonged and complex, often requiring continual evaluation of your child’s needs throughout their childhood, adolescence, and well into adulthood—sometimes for the remainder of their life.
Compensation that may be available for your child can include:
- damages, which provide a lump sum payment recognising the pain, suffering, and loss endured by your child;
- financial compensation for the loss of your child’s future earning capacity due to their injury;
- funding for essential rehabilitation services, including access to therapists and specialised equipment, designed to improve their overall quality of life;
- and support funds to cover the costs of ongoing care, such as assistance from disability support workers or carers.
When Is the Right Time to Make a Claim?
It’s important to be aware that strict time limits apply to lodging compensation claims—even for newborns, infants, and very young children. If these deadlines are missed, your child’s right to seek compensation may be permanently lost.
Because of this, we highly recommend that you contact a lawyer promptly without unnecessary delay.
Why is it so critical to act quickly? If you wait too long before notifying the responsible party, essential evidence might be lost or destroyed, witnesses’ recollections can become less reliable, and it may become very difficult to track down key witnesses.
Claims on behalf of children, particularly those involving medical negligence, often raise complicated issues that require careful legal and medical consideration. Navigating these challenges can be difficult, and expert opinions are usually necessary to support the claim. Finding the most suitable experts to provide professional advice is rarely straightforward for someone without legal experience, making early consultation with a lawyer crucial to ensure your child’s claim is properly managed.
Conclusion
Making a personal injury compensation claim on behalf of your child is not only possible under Australian law, it is an important right designed to protect your child’s future. While no parent wants to face the stress of legal action amid their child’s recovery, understanding the process can give you peace of mind and ensure your child’s needs are met both now and in the years to come. Injuries to children can have long-lasting effects that go beyond the immediate medical treatment—they can impact their education, mental health, and overall quality of life. This is why compensation claims are essential, as they help cover ongoing medical care, therapies, specialised equipment, and support services that your child may need as they grow.
Time is critical when it comes to lodging a claim. Strict legal timeframes apply, and delays can jeopardise your child’s entitlement to compensation. Acting quickly means preserving important evidence and accessing the right expert advice early on. A qualified personal injury lawyer who specialises in child injury claims can guide you through this often complex process, ensuring your child’s rights are fully protected and the claim is handled sensitively and professionally.
Remember, as a parent or legal guardian, you can act as a Litigation Guardian to safeguard your child’s interests and manage the legal proceedings on their behalf. Soul Legal has been dedicated to protecting Western Australians’ rights for over 30 years, and they understand the unique challenges involved in personal injury claims for children. With expert support, you can focus on your child’s recovery while Soul Legal works to secure the compensation your family deserves.
If your child has been injured due to someone else’s negligence, don’t hesitate to seek advice promptly. Early action can make all the difference in getting the best possible outcome for your child’s future. Contact Soul Legal today to discuss your case and find out how they can assist you in protecting your child’s rights and wellbeing.
FAQs
Can I claim compensation on behalf of my child for any injury?
Yes, if your child has been injured due to someone else’s negligence—such as accidents at school, medical malpractice, or motor vehicle accidents—you can make a claim on their behalf as their Litigation Guardian.
What types of compensation can my child receive from a personal injury claim?
Compensation may include damages for pain and suffering, coverage of medical and rehabilitation expenses, funding for ongoing care and support, and financial loss due to the child’s reduced future earning capacity.
How long do I have to make a claim for my child’s injury?
There are strict time limits for lodging compensation claims, even for minors. These timeframes vary depending on the type of claim and state law, so it’s important to seek legal advice promptly to avoid missing deadlines.
Who can act as a Litigation Guardian for my child’s claim?
Usually, a parent or legal guardian can act as the Litigation Guardian. This person will manage the claim on behalf of the child and make decisions in their best interest throughout the legal process.
What if my child’s injury happened due to medical negligence during birth?
If your child suffered a birth injury because of substandard medical care during pregnancy or labour, you may have grounds to pursue a medical malpractice claim. Consulting an experienced personal injury lawyer can help assess your case.
Kevin Wong is the Director of Soul Legal and a seasoned Perth-based personal injury lawyer who has been passionately representing injured clients across Western Australia since 1991, handling everything from minor claims to complex catastrophic injury cases.
