Claims by Children
Where a child has been injured as a result of an accident, any claim for compensation has to be brought on the child's behalf by an adult. This would usually be one of the child's parents, or another relative. This person will be called the child's Litigation Friend.
The procedure for a child making a claim for compensation is essentially the same as that of an adult, but there are some special rules, which apply to children. These are:
- A child can bring a claim for compensation and formally start Court proceedings at any time up until their 21st Birthday. An adult would normally have 3 years from the date of the accident to make a claim for compensation and start Court proceedings. It is different for children because their Parents may decide that they do not wish to bring a claim, and the child will not be able to make this decision for themselves prior to reaching 18. They therefore have 3 years from their 18th Birthday to decide. This does not mean that a claim should not be started as soon as possible, as there is a higher chance of success if it is started shortly after the accident while the evidence is fresh.
- Any settlement in a case involving a child must be approved by the Court. Once a settlement has been agreed, Court proceedings will be started purely to get the Judge's approval of the agreed settlement. It will be necessary for both the child and their representative (Litigation Friend) to attend the hearing with their Solicitor or Barrister. Once a settlement has been approved, the compensation will be invested by the Court on behalf of the child until they reach 18. It is possible in certain circumstances to apply to the Court for some of the money earlier than the child's 18th Birthday, provided the Court is satisfied that the money will be used for the child's benefit.
Case Study
The claimant visited a take-away with some friends to buy some chips. The chip shop they usually went to was closed so they went to the take-away next door. The claimant was told that she couldn’t buy chips on their own but would have to buy curry sauce, which was sold in polystyrene tubs, as well....
Call Freephone 0800 093 0531 or use the apply online box to make your enquiry.
Why choose Recover! Personal Injury Solicitors?
Recover! was created by like minded solicitors who are committed to providing accident victims with a fast, efficient service through the convenience of the internet.
Recover! will arrange for one of our solicitors to contact you to discuss your case and advise on the best way forward entirely free of charge. We will guarantee to deal with you in an ethical manner, using plain language. The solicitor will guide you through the claim and explain how if you win your case you will receive all of the damages awarded. Should you lose, you pay nothing.
Recover! will ensure that the lawyer appointed to your case will remain with you throughout the entire claim process.
