Child accident claims Scotland — the time limit starts at 16, not 18
Reviewed by [Solicitor Name TBC], Personal Injury Solicitor, regulated by the Law Society of Scotland Last reviewed: 31 May 2026
In brief: If your child was injured in an accident in Scotland that was someone else's fault, you can make a claim on their behalf. The key rule that surprises many parents: in Scotland, the three-year time limit for a child's personal injury claim starts on their 16th birthday, not their 18th birthday as in England. A child injured at age 8 has until their 19th birthday to claim — not their 21st. This page explains how child accident claims work, when to start a claim, and what your child could receive.
Start a free child accident claim assessment or call 0800 123 4567.
Can you make a claim on behalf of a child in Scotland?
Yes. A parent, guardian, or other responsible adult can bring a personal injury claim on behalf of a child under the age of 16. The child is the claimant — the adult acts on their behalf as their legal representative in the proceedings.
If the child is between 16 and 18, they can bring a claim themselves in Scotland. At 16, a young person in Scotland has legal capacity to instruct a solicitor and enter into legal proceedings under the Age of Legal Capacity (Scotland) Act 1991.
To make a successful claim, you need to show the same elements as for any personal injury claim:
- A duty of care was owed to the child
- That duty was breached by the negligent party
- The breach caused the child's injury
The age-16 time limit rule — Scotland vs England
This is the most important thing parents need to understand about child accident claims in Scotland.
In England and Wales, the three-year limitation period for a child's personal injury claim begins on the child's 18th birthday. The child has until their 21st birthday to start proceedings.
In Scotland, the three-year limitation period begins on the child's 16th birthday. The child has until their 19th birthday to start proceedings.
This means Scottish children have their deadline brought forward by two years compared to their English counterparts. Many parents assume the same rules apply across the UK, and discover too late that their child's Scottish claim was time-barred at 19.
Practical examples
| Child's age at time of accident | Scotland: claim must start by | England: claim must start by |
|---|---|---|
| Age 5 | 19th birthday | 21st birthday |
| Age 10 | 19th birthday | 21st birthday |
| Age 13 | 19th birthday | 21st birthday |
| Age 15 | 18th birthday | 21st birthday |
You do not need to wait until the child's 16th birthday to start a claim. A parent or guardian can begin proceedings at any time. Starting a claim while the evidence is fresh — witnesses can be traced, records are preserved, the accident can be reconstructed — is almost always the better approach.
When should you start a child accident claim?
As soon as you are ready. There is no advantage in waiting, and several disadvantages.
Evidence degrades over time. Witnesses move on and their recollections become less clear. CCTV footage is overwritten. Road defects get repaired. Accident book entries get lost. The sooner your solicitor can gather evidence, the stronger the claim.
There is also no age at which a claim becomes unavailable before the 16th birthday. A claim can be started on behalf of a 2-year-old child just as effectively as for a 14-year-old. Many parents prefer to resolve the matter while the child is young, rather than leaving an outstanding claim unresolved until the child is nearly 19.
Starting a claim early does not mean settling early. Your solicitor will advise on the right time to settle, which may be once the child has fully recovered and the full impact of the injuries is known.
What types of accident can children claim for?
Children can claim for the same types of accident as adults. Common claims include:
Road traffic accidents. A child struck by a vehicle as a pedestrian, injured as a passenger, or knocked from a bicycle by a car or van. Road accident claims are the largest category of serious child injury claims.
Accidents in school or nursery. If a school or nursery failed to maintain a safe environment and a child was injured, a claim may be possible. Schools and nurseries owe a duty of care to children in their care.
Accidents in public places. Playgrounds, parks, shopping centres, and sports facilities. Defective play equipment, poorly maintained surfaces, or inadequate supervision can all give rise to claims.
Accidents at another person's property. If a child was injured at a friend's house, a relative's property, or any premises due to a hazard the occupier failed to address.
Medical negligence. If a child received substandard medical care — including birth injuries — they may have a clinical negligence claim. The date-of-knowledge rule and the age-16 limitation rule both apply.
How much compensation can a child receive in Scotland?
Compensation covers the same two categories as adult claims: general damages and special damages. For children, special damages may also include claims for the cost of any ongoing care or support needed as a result of the injury.
These figures are illustrative only and are not a guarantee of any outcome.
| Injury | Illustrative range |
|---|---|
| Minor soft-tissue injuries (full recovery) | £1,000 to £4,000 |
| Moderate soft-tissue injuries | £4,000 to £10,000 |
| Fracture (arm or wrist) | £6,000 to £19,000 |
| Fracture (leg) | £9,000 to £30,000+ |
| Dental injuries | £1,000 to £45,000+ |
| Scarring (minor) | £1,500 to £8,000 |
| Scarring (significant, to the face) | £8,000 to £90,000+ |
| Head injury, minor | £2,000 to £12,000 |
| Serious brain injury | £264,000 to £379,000+ |
| Serious spinal cord injury | £50,000 to £354,000+ |
For serious injuries, special damages can include the cost of future care, educational support, home adaptations, and loss of future earning capacity. These figures can add substantially to the compensation total.
What happens to the compensation?
Compensation for a child under 16 in Scotland is not paid directly to the child. The court must approve any settlement on behalf of a child, and the compensation is typically held in a protected account or trust until the child reaches adulthood.
Your solicitor will advise on the specific arrangements and court approval process once a settlement is in sight.
How the claims process works
The process for a child's claim follows the same steps as an adult claim, with the parent or guardian acting throughout on the child's behalf.
- Free assessment. You describe the accident and your child's injuries. Your solicitor advises whether there is a viable claim.
- Evidence gathering. Medical records, accident reports, school records where relevant, photographs, and witness accounts are collected.
- Letter of claim. Your solicitor writes to the negligent party or their insurer.
- Negotiation. Most child injury claims settle through negotiation.
- Court approval. Settlements on behalf of children require approval from the court to confirm the settlement is in the child's best interests.
No Win No Fee child accident claims in Scotland
Child accident claims are handled on a No Win No Fee basis. You pay nothing if your child's claim is unsuccessful. The compensation award belongs to the child.
Find out more about No Win No Fee in Scotland.
Frequently asked questions
My child was injured two years ago. Are we still in time?
In most cases, yes, provided your child has not yet turned 19 (or 16, if the accident happened in the last three years). The three-year period runs from the child's 16th birthday, so a claim can be started at any point before that date. Check your position with a solicitor — a free assessment will confirm whether you are within the time limit.
Does my child have to go to court?
Almost certainly not. The vast majority of personal injury claims — including those for children — settle before any court hearing. Court proceedings may be raised to protect the time limit or advance the claim, but most cases resolve through negotiation. Even where court approval of a settlement is required, this is typically a procedural step rather than a contested hearing.
Can my child claim for psychological injuries after an accident?
Yes. Psychological injuries, including anxiety, post-traumatic stress disorder, and adjustment disorder, are recognised under Scots law and can be claimed alongside physical injuries. Child psychologists or psychiatrists can provide expert evidence on the impact of the accident on the child's mental health.
What if the accident happened at school?
Schools have a duty of care to pupils. If your child was injured at school because the premises were poorly maintained, supervision was inadequate, or a foreseeable risk was not addressed, a claim may be possible against the school or the local education authority. Speak to a solicitor about the specific circumstances.
Can I claim if my child was partly at fault?
Yes. Under Scots law, contributory negligence reduces the award proportionally by the degree to which your child was at fault. Courts take into account the age of the child when assessing what level of care it was reasonable to expect from them. A young child is held to a lower standard than an adult. Partial fault does not prevent a claim.
What if the accident was caused by another child?
A personal injury claim is typically brought against the responsible adult or organisation (for example, the occupier of the premises, the supervising teacher, or the driver of a vehicle), not directly against another child. The circumstances of each case determine who the appropriate defendant is.
Will making a claim affect my relationship with the other party?
Many parents are reluctant to make a claim because the other party is a friend, family member, or neighbour. In practice, the claim is made against an insurer, not directly against the individual. Your solicitor will handle all contact with the other side.
Start a claim on behalf of your child today
A free assessment is available now and takes under 2 minutes. Our partner solicitors are regulated by the Law Society of Scotland and handle all child accident claims on a No Win No Fee basis.
