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If your child has been hurt in an accident, you do not have to face the legal process alone. Many childhood accidents are nobody’s fault. Where a child is harmed because someone else failed in their duty of care, Scots law gives you the right to claim on their behalf.
A child injury claim in Scotland is a claim for compensation raised for a person under 16 who was injured in an accident caused by another party’s negligence. However, a child cannot instruct a solicitor or sign a legal document, so an adult must act for them.
Our role is to manage the legal strategy of your child’s claim from start to finish. We work alongside a team of specialist child injury solicitors with extensive experience in handling injury cases, keeping you informed while you focus on supporting your child through their recovery.
- Disclaimer: This guide provides general information on child injury claims under Scots Law and is not a substitute for formal legal advice. As every case is unique, please contact our team for a free, confidential assessment of your specific situation.
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Who Can Claim Compensation for a Child Under Scots Law?
In Scotland, a child under 16 cannot raise a court action or instruct a solicitor. A parent or guardian who holds parental responsibilities and rights acts as the pursuer on the child’s behalf, and any award belongs to the child.
The Age of Legal Capacity (Scotland) Act 1991 fixes legal capacity at 16 in Scotland, not 18 as in England and Wales.
Separated parents both hold parental responsibilities and rights unless a court has removed them, so either can raise a claim without the other’s permission. Grandparents and other relatives can act where they have acquired those rights by court order or formal agreement.
Common Types of Child Accident Claims We Handle in Scotland
Children are injured in ordinary places on ordinary days. Under Scots law, whoever controls the place, the activity or the product owes a duty of care, and the standard expected rises where children are involved.
The Occupiers’ Liability (Scotland) Act 1960 covers premises claims, including schools, council parks, shops and leisure centres. Paediatric injury claims in Scotland usually fall into five groups: school and nursery accidents, road collisions, public place injuries, sports and activity accidents, and harm caused by unsafe products.
Our guide to an accident in a public place involving a minor explains how those claims are built.
School, Nursery, and Childcare Accidents
Schools, nurseries and after-school clubs owe children a high duty of care. Local authorities such as Glasgow City Council and City of Edinburgh Council, along with private nurseries, must keep premises safe, supervise children properly and maintain equipment.
If a child is hurt at school because of faulty equipment or inadequate supervision, the claim is paid by the provider’s insurers, not from the school’s budget. Schools handle these situations as routine insurance matters, so making a claim will not affect your child’s place or their education.
Our guide to school accident and educational premises injury claims explains the records schools must keep.
Children's Road Traffic Accidents
Drivers have a particular responsibility to take extra care around children, who can act unpredictably near roads. The risk is particularly acute on busy routes near schools, such as Great Western Road and Paisley Road West in Glasgow, Leith Walk and Corstorphine Road in Edinburgh, and the A96 corridor around Aberdeen.
Scotland’s road casualty figures reflect the real danger: Transport Scotland’s 2025 statistics show that children made up 28% of all pedestrian casualties on Scottish roads in 2025, with 97 seriously injured and one child killed.
Parents often worry about what happens if their child had stepped into the road without looking. However, Scottish courts look at the whole picture. Even if the child stepped out unexpectedly, a driver can still be held responsible if they were speeding, distracted, or simply failed to anticipate a child crossing near a school or park.
Child car accident compensation covers more than the injury itself. It can include replacing a car seat involved in a collision, treatment costs, travel to appointments, and a parent’s lost income while caring for an injured child. Where the driver was uninsured or left the scene, the claim goes to the Motor Insurers’ Bureau.
Public Place, Park, and Playground Injuries
Anyone who controls a space has responsibilities under the Occupiers’ Liability (Scotland) Act 1960, which requires them to take reasonable care so that people lawfully on the premises are not exposed to danger. Councils, supermarkets, leisure operators and private landlords all fall within scope.
Injuries caused by broken swings, unmarked trip hazards on council footpaths and worn soft play surfaces are the accidents we see most often. These kinds of accidents arise at parks and playgrounds maintained by councils across Scotland, including sites such as Kelvingrove Park and Victoria Park in Glasgow, The Meadows and Holyrood Park in Edinburgh, Hazlehead Park in Aberdeen and Lochee Park in Dundee. Each claim depends on records, because maintenance schedules show whether the occupier knew, or should have known, about the danger.
Dog bites are handled separately. Where a dog bite left a child with scarring or requiring hospital treatment, a claim can be made against the owner or the person in charge of the animal. Our page on dog bite claims in Scotland covers cases where the dog had no previous history of aggression.
Sports, After-School, and Leisure Activity Injuries
Sport carries inherent risk, and Scottish courts accept that minor cuts and bruises are part of the game. A claim arises when the injury was avoidable, whether through worn-out equipment, an unchecked floor or coaching that fell below the expected standard.
Signing a consent form does not remove anyone’s legal responsibility. Scots law does not allow a business to exclude liability for death or personal injury caused by its own negligence, so a waiver will not block your child’s claim.
Ultimately, it comes down to whether the activity was run safely. If there weren’t enough adults supervising, or if basic safety checks weren’t done before the children started, then the organisers have failed in their duty to protect your child.
Our page on a swimming pool or leisure centre accident covers the duties pool operators owe.
Defective Products, Unsafe Toys, and Equipment
When a faulty product hurts a child, the law is very clear. Under the Consumer Protection Act 1987, you don’t have to prove that the manufacturer was negligent. If the product was defective and caused an injury, they are automatically responsible. This covers everything from unsafe toys and faulty prams to unstable nursery furniture and clothing that fails fire safety standards.
Keep the product, the packaging and the instructions. Returning an item for a refund is often a mistake, because the item itself is the evidence. Where a product was imported, the importer or the shop that sold it to you is usually responsible.
Time Limits for Child Personal Injury Claims in Scotland
Child personal injury claims in Scotland follow different time limits from adult ones. Where the injured person was under 16 at the date of the accident, the three-year limitation period does not start until their 16th birthday, giving them until their 19th birthday to raise a claim.
The Age of Legal Capacity (Scotland) Act 1991 fixes legal capacity at 16, and the Prescription and Limitation (Scotland) Act 1973 sets the three-year period running from that date, rather than from the date of the accident itself.
A parent can raise the claim before the child turns 16, and between 16 and 19 the young person can raise it themselves. If your child is already 17, time is still running, but the position is usually comfortable.
The real danger of waiting isn’t the legal deadline; it’s losing the proof. CCTV footage is usually deleted after 30 days, accident records get lost in archives, and key witnesses move on to other jobs. Taking action quickly ensures that vital evidence is secured before it disappears.
Step-by-Step Guide to the Scottish Child Compensation Process
A child injury claim in Scotland moves through predictable stages, and the process can be paused at any point if you decide not to continue.
- Free consultation. We review what happened, confirm who holds legal standing for the child, and give you an honest view on whether the claim is worth raising.
- Evidence and medical reports. We gather records and arrange an examination with an independent medical practitioner, usually a paediatric specialist.
- The pre-action protocol. Claims valued at £25,000 or less must follow the Compulsory Pre-Action Protocol for Personal Injury Claims, known as PIPAP. Both sides exchange information and consider settlement before any court action begins.
- Negotiation. Your solicitor presents the case to the insurer with medical and financial evidence attached and negotiates the settlement figure.
- Court action if needed. Where agreement cannot be reached, the action is raised in court, most often the All-Scotland Sheriff Personal Injury Court.
Straightforward claims often settle within six to twelve months. Serious injuries, ongoing treatment or a dispute about fault will take longer.
Crucial Evidence Needed for a Scottish Child Accident Claim
Evidence for a child injury claim is rarely a single document. The strongest cases bring together several strands:
- Hospital and GP medical records, including A&E notes, X-rays and follow-up appointments
- Photographs of the injury over time, and of the problem or the scene
- The school accident book entry or the provider’s accident report
- Witness statements, with contact details for other parents, teachers or passers-by
- CCTV footage from the school, the shop, the road or the leisure centre
- Receipts for travel, medication, equipment and private treatment
If the accident was not recorded at the time, the claim is not lost. We can request CCTV through a formal data subject access request and use medical evidence to establish how the injury happened.
Unless it was a very minor injury, your child will need to be seen by an independent medical expert, usually someone who specialises in children’s health. Their job is to look at the big picture: how your child is healing, any visible scarring, and whether the accident has impacted their overall development or their school life.
Making A Personal Injury Claim In Scotland
Our panel of experienced personal injury lawyers excel in handling cases against well-funded insurance companies.
Our specialised injury lawyers will assist you with your claim, keep you informed throughout the whole process, and provide you with legal advice that is easy to understand.
01
Get In Touch.
Tell us your story, we're here to listen and provide you with an initial assessment based on your circumstances.
02
We’ll Prepare Your Claim.
We'll be by your side to take care of the legal process. We'll keep you informed of every step of the way.
03
Receive Compensation.
If your claim is successful, we'll ensure that you get your compensation as soon as possible.
"A Student’s Journey from Trauma to Triumph: Efthymios’s Fight for Justice After a Devastating Car Accident"
When Efthymios was injured in a car accident, he was left with severe facial injuries. He didn’t know how he would manage his recovery and studies.
“When I got in contact with HD Legal, they made me feel supported. They were incredibly understanding and fought hard for me, ensuring I received the compensation I deserved.”
"Cracked Pavement, Broken Ankle: How HD Legal Helped Margaret Find Justice and Peace of Mind"
When Margaret tripped on a neglected crack in the pavement in Glasgow, she shattered her ankle and was forced to take months off work, unsure how she would manage.
“HD Legal were a lifeline for me. They took care of everything—from gathering crucial evidence to battling the council—and gave me the peace of mind I needed to focus on my recovery.”
"Blown Away: HD Legal Fights for Douglas After Faulty Washing Machine Explosion"
When Douglas’s new washing machine exploded, it caused a fire that damaged his kitchen and left him with painful burns.
“HD Legal fought relentlessly for me when it seemed like no one else would. They were thorough, professional, and supported me every step of the way, helping me recover both physically and financially.”
"From Misdiagnosis to Recovery: How HD Legal Fought for Eilidh’s Justice and Secured the Care She Needed"
When Eilidh’s severe abdominal pain was repeatedly misdiagnosed, her condition worsened, leading to the need for urgent surgery.
“HD Legal stood by me when I felt lost. They were thorough, professional, and fought tirelessly to get me the care and compensation I needed to heal.”
"Falling from Heights, Rising with Justice: How HD Legal Secured Compensation for Alistair After a Workplace Accident Involving Faulty Scaffolding"
Alistair Campbell’s fall from faulty scaffolding left him with serious injuries and months of recovery.
“HD Legal’s panel of solicitors fought for me, ensuring I received the support needed to move forward.”
Sheriff Court Approval and Safeguarding Child Compensation Funds
Where a child’s claim comes before the court, the settlement must be approved. A Sheriff, or a judge in the Court of Session, must be satisfied that the agreed sum is fair and in the child’s best interests. This is usually a short procedural hearing.
To protect your child’s best interests, compensation awarded to an under-16 is not paid directly into a parent’s bank account. Instead, the court usually places the money with the Accountant of Court. This is a public body that exists specifically to keep children’s funds safe, and it will formally appoint someone to manage the money on your child’s behalf.
Funds are normally held until the child turns 16, when they take control of the money. Release before then is possible for a genuine need, such as educational costs or medical treatment, but requires the court’s agreement.
A personal injury trust is sometimes used instead, particularly where the child receives means-tested benefits or may do so in future, because money held in the right kind of trust is not counted as capital. This decision should be made before any settlement is finalised.
How Child Injury Compensation Is Calculated in Scotland
Compensation has two parts. Solatium covers the physical pain, distress and loss of enjoyment of life the injury has caused. Patrimonial loss, which most families know as financial losses, covers everything that can be quantified, from treatment costs to lost earnings.
When calculating the compensation for your child’s physical suffering, we look very closely at the injury itself. This involves asking how long it took to heal, whether it caused any lasting damage, and how much it disrupted your child’s normal life. If the accident left a scar, this is compensated separately, especially if the scarring is on the face, neck, or hands.
Scottish awards are guided by earlier decisions in Scottish courts, with the Judicial College Guidelines used as a cross-check.
Financial losses can include:
- Medical expenses and private rehabilitation
- Travel to medical appointments
- Other out-of-pocket expenses
- A parent’s lost earnings where they took time off to care for an injured child
Psychological trauma, emotional distress, and anxiety are often underestimated by families and should be documented as early as possible. Where an injury is likely to affect how a child earns or lives as an adult, the claim can also include future care needs and, in serious cases, the cost of specialist schools or educational support.
Care costs are recoverable under the Administration of Justice (Scotland) Act 1982. Our guide to broken bone and fracture claims in Scotland explains how growth plate concerns are factored into an award, as fractures are among the most common childhood injuries we see.
No two cases result in the same compensation, and what your child receives will depend on the nature of the injury, the recovery and the financial losses involved.
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No Win No Fee Child Accident Claims in Scotland
Most child claims are funded through a no win no fee agreement, known in Scotland as a speculative fee agreement. If the claim does not succeed, you pay nothing towards your own legal fees.
Where it succeeds, a success fee becomes payable. The law caps that fee in personal injury cases at 20% of the first £100,000, 10% of the next £400,000 and 2.5% of anything above £500,000, including VAT. The Success Fee Agreements Regulations 2020 set those limits for every Scottish claim funded this way.
The fee comes out of the compensation, so nothing is paid upfront. We will show you the figure left for your child before any settlement is accepted.
After the Event insurance covers the risk of paying the other side’s expenses if the claim fails.
Many families already have legal expenses insurance attached to their home or car policy, which may cover this.
Our page on making an injury claim at no financial risk sets out the options in full. Start your no win, no fee claim today with a free assessment.
Meet The Team
Maisie MacLeod
Senior Claims Manager
Ella Campbell
Head of Serious Injury
Freya Douglas
Long-Term Illness Specialist
FAQs
Can I still claim if my child was partly at fault for the accident?
Yes, in most cases. A child’s share of responsibility reduces the award rather than removing the right to claim entirely.
The Law Reform (Contributory Negligence) Act 1945 allows a court to reduce compensation to reflect the injured person’s own contribution, and age is the central consideration. A five-year-old who runs into a road cannot be expected to assess traffic the way a ten-year-old can, so courts rarely hold very young children responsible.
Will my child have to appear in a Scottish court?
Very rarely. Most Scottish child injury claims settle through negotiation, and even when a Sheriff has to formally approve the settlement, it is incredibly rare for a child to be asked to attend or give evidence. Scottish Courts and Tribunals Service statistics show that 84% of hearings in the All-Scotland Sheriff Personal Injury Court took place virtually in the 2025/26 financial year to date.
What happens if my child was injured during a school trip abroad?
A Scottish school or tour operator carries its duty of care with it, wherever the trip goes. If the negligence lies in how the trip was planned, staffed or supervised, the claim can usually be raised in Scotland.
If the accident was caused directly by a local business abroad, such as a foreign hotel or ski school, you might have to pursue the claim under that country’s legal system. This requires acting quickly, as foreign time limits are often much shorter than Scotland’s three-year window.
However, if the school trip was booked as a package holiday, you are better protected. Under package travel rules, the UK tour operator is legally responsible for all the services provided, meaning you can usually raise the claim right here in Scotland.
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