Children are extremely curious – coupled with their lack of fear, often end up with bumps and bruises. Sometimes, however, children can be involved in accidents that are a lot more serious.
Accidents can happen anywhere, from in the school playground to being a passenger in a vehicle.
If your child has been injured in an accident through no fault of their own, it may be possible for you to make a children’s compensation claim on their behalf.
You can make a claim for your child up until they reach the age of 18. They will then have three years from the date of their 18th birthday to make a claim themselves if not already done so by a parent or guardian. A parent or guardian making a claim before then is called the litigation friend. The Litigation friend must be independent and therefore if the parent was to blame for the accident, they cannot act as the litigation friend. a grandparent or close friend can always act on their behalf instead.
The process of a child claim is much the same as an adult claim. Once liability is admitted, they will be required to see an independent medical expert to compile a medical report on their injures. A barrister is usually instructed to provide an advice on the appropriate value of the claim.
If the claim has been agreed between both parties, it is preferred if the claim is settled by way of an Infant Approval Hearing. This is where the claim is heard in court in order that a district judge may approve the amount of compensation.
The compensation is then transferred into court funds in a Special Investment Account until the child reaches the age of 18. The court will sometimes agree to release some of the funds if there is a good reason to do so.
Although the laws for limitation normally allow the child to make the claim themselves within 3 years from their 18th birthday, it is recommended that the claim is made sooner with a Litigation Friend to make sure that evidence remains fresh and intact, and for the child to reap the advantages of potential medical treatment that can be privately paid for by the other side.
If your child has been injured due to someone’s else’s negligence, call us here at The Injury lawyers on 0800 634 75 75 today.
