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Nuptial agreements (prenuptial entered into prior to the marriage and post nuptial during the...
When an accident involves a child, it can be particularly traumatic, and no amount of compensation can make up for seeing your child in pain, but with the help of a specialist team, we can make the recovery easier.
Children can be involved in accidents in many situations including at school, whilst on holiday, on public roads or at public events.
Working alongside you as a parent or guardian, we will assess the situation and possibility of bringing a successful personal injury claim, and if we feel there could be one, the level of that claim. It’s important to take account of any injury and the impact it could have for the rest of the child’s life. Recovery could take some time and there may be permanent effects.
Is there a time limit on Personal Injury claims for children?
For standard Personal Injury Claims, the claim must be started within three years of the date of the accident. For injuries involving a child however, there are different rules.
If a child suffers an injury, this three-year deadline does not come in to play until the child’s 18th birthday. So if a claim has not been made on behalf of the child, they have three years after their 18th birthday to make their claim (i.e. until their 21st birthday).
Can a claim be made on behalf of a child?
Because someone under 18 cannot make a personal injury claim, a litigation friend must be appointed. The litigation friend is someone who instructs the solicitor and submits the claim on behalf of the child. Once the child turns 18 the role of the litigation friend ceases.
In most cases the litigation friend will be the parent or guardian of the child. Whoever it is they must be independent and represent the best interest of the child.
Someone who is wholly or partially responsible for the injury, would not be independent. For example, if you were driving a car and it was involved in an accident that was wholly or partially your fault you would not be able to act as the litigation friend of the child injured in the accident.
What does a litigation friend do?
The main duties of a litigation friend are to:
- Conduct the claim fairly on behalf of the child
- To have no personal interest in the claims that would go against their claim
- To take steps only that benefit the child.
How is a child personal injury claim settled?
Any settlement or compensation for a child is usually approved by the court. The Judge needs to ensure that any settlement is fair and will take account of any immediate and future needs of the child.
Securing compensation for a child in a Personal Injury claim
If a child is awarded compensation, and the child us under 18, it will usually be placed in a special investment account until the child reaches the age of 18, when access will be given over to them.
How we can help
We have handled many claims on behalf of children who have suffered and injury. Our talented team take the time and have the sensitive approach to fully understand the situation and any injuries before discussing the potential of a claim with the litigation friend.
They will look at both immediate and future needs, as well as the facts of the accident before discussing any future actions.
If you have a child who has been injured and would like to discuss how we may be able to help, please contact one of the team.
