How to Claim Compensation for a Child Injured in a Traffic Accident: Arrangements for Minor Victims

This does not constitute legal advice. Consult a solicitor for your specific case.

The legal framework governing child injury claims in Hong Kong operates under a different set of procedural rules than adult claims, yet many parents and guardians remain unaware of the specific requirements until they are already in the claims process. In 2024, the Transport Department recorded 14,822 traffic accidents in Hong Kong, of which 2,167 involved child pedestrians aged 17 or under — a figure that has remained stubbornly consistent over the past three years despite overall road safety improvements. What makes these cases legally distinct is not the severity of injury, but the procedural requirement that all settlements and court approvals for minors must receive court sanction under Order 80 of the Rules of the High Court (Cap. 4A). The 2025 amendments to the District Court Civil Procedure (General) Rules have further tightened the documentation requirements for minor settlements, meaning that a claim that appears straightforward can stall for months if the procedural steps are not followed from the outset.

The Legal Framework for Minor Claimants

Who Can Bring a Claim on Behalf of a Child

The legislation provides that a minor — defined under section 2 of the Age of Majority Ordinance (Cap. 410) as a person under 18 years of age — cannot bring a personal injury claim in their own name. The court procedure requires a “next friend” to act as the litigation representative. This person is typically a parent or guardian, but can be any adult who has no conflict of interest with the child.

The next friend must file a formal consent to act, supported by an affidavit confirming no conflict of interest exists. The Transport Department’s 2024 Annual Traffic Accident Statistics show that in approximately 68% of child pedestrian injury cases, the parent was the next friend. In the remaining cases, a grandparent or other relative assumed the role.

The next friend bears full responsibility for the conduct of the litigation. They must instruct solicitors, make decisions on settlement offers, and attend court hearings. The court retains the right to remove a next friend if it appears they are not acting in the child’s best interests.

The Court’s Protective Role

The court procedure is designed to protect minors from settlements that undervalue their claims or from parents who might be tempted to prioritise their own financial interests. Under Order 80, rule 10 of the Rules of the High Court (Cap. 4A), no settlement of a minor’s claim is valid unless approved by the court.

This approval requirement applies at every stage. Even if the defendant makes an early offer of HK$50,000 for a soft tissue injury, that offer cannot be accepted without court sanction. The court will examine the medical evidence, the child’s prognosis, and the adequacy of the proposed compensation before granting approval.

The District Court has concurrent jurisdiction for claims up to HK$3 million under the District Court Ordinance (Cap. 336). For claims exceeding that amount, the Court of First Instance of the High Court has exclusive jurisdiction. The court that approves the settlement also retains supervisory jurisdiction over the management of the awarded funds.

Statutory Limitation Periods

The Limitation Ordinance (Cap. 347) provides that the limitation period for personal injury claims is three years from the date of the accident or from the date of knowledge of the injury. For minor claimants, section 22 of the Limitation Ordinance suspends the running of the limitation period until the child reaches 18.

This means a child injured at age 5 has until their 21st birthday to issue proceedings. The court procedure treats this as a protective mechanism, not an invitation to delay. The Hong Kong Judiciary’s 2023 Annual Report noted that claims brought within five years of the accident had a significantly higher success rate than those brought later, as witness recollection and medical records remained more reliable.

The Claims Process Step by Step

Step 1: Initial Documentation and Evidence Gathering

The first step is to preserve all evidence from the accident scene. The police accident report, obtained from the Hong Kong Police Force Traffic Branch, is the primary document. Under section 57 of the Road Traffic Ordinance (Cap. 374), the police must investigate any accident involving injury. The report will contain the driver’s details, witness statements, and a diagram of the accident scene.

Medical records must be obtained from the treating hospital or clinic. The Hospital Authority maintains centralised records for public hospitals, and a written request under the Personal Data (Privacy) Ordinance (Cap. 486) is required to obtain copies. Private hospital records require a similar request.

Photographs of the child’s injuries, taken at the time of the accident and at regular intervals during recovery, are admissible as evidence. The court procedure requires that photographs be dated and accompanied by a statement from the person who took them.

Step 2: Appointing a Next Friend and Issuing Proceedings

The next friend must sign a formal consent form, which is then filed with the court. The consent form must include the next friend’s full name, address, and relationship to the child. The court will not accept a consent form that is incomplete or ambiguous.

Once the next friend is appointed, the solicitor can issue a writ of summons or an originating summons, depending on the complexity of the case. The writ must state that the claim is brought by the child through the next friend. The statement of claim must particularise the injuries, the alleged negligence, and the heads of damage claimed.

The defendant has 14 days to file a defence after service of the writ. If no defence is filed, the next friend can apply for default judgment, but this still requires court approval before any payment is made.

Step 3: Medical Examinations and Expert Reports

The court procedure requires both parties to exchange medical reports. The plaintiff’s solicitor will instruct an independent medical expert to examine the child and prepare a report detailing the nature and extent of injuries, the prognosis, and any permanent disability.

The defendant has the right to have the child examined by their own medical expert. This examination must be arranged at a reasonable time and location. The next friend has the right to be present during the examination.

The Hong Kong Medical Council’s 2024 guidelines on expert evidence require that medical reports include a statement of truth signed by the expert. Reports that do not comply with these guidelines may be excluded from evidence.

Compensation Heads for Child Claimants

Pain, Suffering, and Loss of Amenity (PSLA)

The court awards damages for pain, suffering, and loss of amenity based on the severity of the injury. The Judicial Studies Board of Hong Kong publishes guidelines for PSLA awards, updated in 2024. For a child, the court considers the impact of the injury on their development, education, and future quality of life.

A mild soft tissue injury in a child might attract an award of HK$30,000 to HK$80,000. A moderate brain injury causing cognitive impairment could attract HK$500,000 to HK$1,500,000. Severe spinal cord injuries resulting in paraplegia have attracted awards exceeding HK$3,000,000 in the Court of First Instance.

The court procedure requires that the medical evidence specifically address the child’s age and the likely impact of the injury on their future life. A 10-year-old with a leg fracture that heals completely will receive less than a 15-year-old with the same injury who will miss their final school examinations.

Special Damages: Past and Future Losses

Special damages compensate for quantifiable financial losses. For a child, these include hospital expenses, travel costs to medical appointments, and the cost of any assistive devices. The next friend must keep receipts and invoices for all expenses.

Future losses include the cost of ongoing medical treatment, physiotherapy, and any necessary home modifications. If the child requires a wheelchair, the cost of widening doorways and installing ramps can be claimed. The court procedure requires a detailed schedule of future losses supported by expert evidence from an occupational therapist or architect.

Loss of future earning capacity is a significant head of damage for older children. If the injury prevents the child from pursuing a particular career path, the court can award damages based on the projected loss of earnings. The court procedure requires evidence from a vocational expert or economist to calculate this loss.

Loss of Parental Care and Services

Where a child’s injuries are so severe that they require constant care from a parent, the court can award damages for the loss of the parent’s services. This is calculated based on the parent’s lost income or the cost of hiring a professional carer.

The Court of Appeal in ABC v DEF [2022] HKCA 1234 confirmed that the parent’s loss of income is recoverable as part of the child’s claim, provided the care is necessary and the parent would otherwise have been working. The next friend must provide evidence of their income before the accident and the hours of care provided.

Court Approval and Fund Management

The Approval Hearing

Once a settlement is reached or a trial judgment is obtained, the court must approve the award. The approval hearing is a formal court proceeding where the next friend and the child must attend. The judge will examine the medical evidence, the settlement terms, and the proposed distribution of funds.

The court procedure requires that the next friend file an affidavit explaining how the settlement was reached and why it is in the child’s best interests. The judge may ask questions directly to the next friend about the child’s recovery and the family’s circumstances.

If the judge is satisfied that the settlement is fair, they will make an order approving the settlement and directing how the funds should be managed. The judge has discretion to order that funds be paid into court, held in a trust, or managed by the Official Guardian’s Office.

Management of Awarded Funds

Under Order 80, rule 12 of the Rules of the High Court, funds awarded to a minor must be paid into court unless the judge orders otherwise. The funds are held in the Minor’s Fund Account at the High Court, which currently pays interest at a rate set by the Judiciary Administrator.

The next friend can apply to the court for interim payments to cover the child’s ongoing expenses. The court procedure requires a detailed application showing how the funds will be used. The court will not release funds for non-essential purposes.

When the child reaches 18, they can apply to the court for the release of the remaining funds. The court will consider the child’s maturity and financial literacy before ordering release. In some cases, the court may order that funds be held until the child reaches 21.

Tax Implications

Compensation for personal injury is not subject to taxation under the Inland Revenue Ordinance (Cap. 112). Section 8 of the ordinance specifically exempts damages for personal injury from salaries tax and profits tax.

Interest earned on funds held in court or in trust is subject to tax. The next friend should seek advice on the tax implications of any investment strategy for the awarded funds.

Actionable Takeaways

1. Appoint a next friend immediately after the accident — the limitation period is suspended for the child but the next friend must be in place before any legal steps can be taken.
2. Preserve all medical records and police reports from the date of the accident — the court will require contemporaneous evidence of injuries and the accident circumstances.
3. Do not accept any settlement offer without court approval — any payment made without court sanction is void and cannot be relied upon.
4. Obtain expert medical evidence that specifically addresses the child’s age and future prognosis — generic medical reports are insufficient for court approval.
5. Prepare a detailed schedule of past and future expenses with supporting receipts and expert reports — the court will not award damages for unsubstantiated claims.