If your child has been involved in an accident that was not their fault and have sustained injuries as a result, just like an adult, they are able to obtain compensation for their injuries. The difference is that they will need a ‘Litigation Friend’ to conduct the case on their behalf.
As I am sure you would agree, most children under the age of 18 would not be capable of bringing a claim for compensation themselves; this is particularly true if they are just three or four years old. But this does not mean that if they have been injured they cannot be compensated. Instead, a ‘litigation Friend’ – in other words, a responsible adult with the child’s best interests at heart – can bring their claim for compensation for them.
Typically a litigation friend will be a child’s parent or guardian, but equally could be a social worker or some other trustworthy adult who has no conflict of interest with the case.
The case will run in the exact same way as if it were your own case; it is just that the litigation friend will be the person representing the child. As long as they are willing to give up their time to help the child pursue their claim and are able to provide all the details asked of them there should be no problem.
The case will be the same except the litigation friend will just have to a fill in a simple form called a Certificate of Suitability to confirm they are able to act on their child’s behalf accordingly. Alternatively, if you believe that the child has a claim for compensation but would prefer for the child to later decide whether they want to make a claim, you are able to wait until the child’s 21st birthday to make the claim. It is important to know though that after their 21st birthday, if they have not already registered a claim, they will no longer be able to make their claim in most circumstances.
It is also worth considering how long ago the accident would have been when the child is 21. For instance, if the child was 3 at the time of the accident and makes a claim 16 years later when he or she is 19, some of the evidence to support the claim may have been lost and it will not be as fresh in the memory.
If you want some further advice on child claims then do not hesitate to give The Injury Lawyers a call today for free where we would be more than happy to help you out.
