If a minor i.e. anyone under the age of 18, or a protected party as deemed under the Mental Capacity Act 2005, has an accident that was not their fault, and they have been injured as a result, they, like anyone else, can make a claim – the process is slightly different.
Say, for example, your child has an accident a school – I bet you can’t imagine them calling a law firm and making a claim – so how do we get around this? Well it is through the system of having a ‘Litigation Friend’.
A Litigation Friend is someone that acts on behalf of the child or protected party in the running of their claim for personal injury. This person is normally a parent or guardian, but can also be a carer, social worker, or suitable person. It is important that whoever the Litigation Friend is, they have regular contact with the claimant and they have their best interests at heart.
The process of having a Litigation Friend is slightly different in a few ways. These differences are in place to protect the interests of the Claimant in their compensation claim. One of the first differences arises when a reasonable offer is made to settle the claim. Rather than simply accepting the claim like in an ordinary situation, the court must also verify the fact that the offer is reasonable and fair. A second difference, in the event the Claimant is a child, is that once the settlement monies are deemed acceptable, they are normally placed in a trust fund for the child which is released once the child reaches 18 years of age – a benefit I am sure your child would be happy to receive once they hit that age!
If you feel that your child may have a claim for personal injury, feel free to give The Injury Lawyers a call. We have a great deal of experience in dealing with claims through a Litigation Friend, and the process involved in such a claim. We are aware that you will want to do the best by the injured person, and this means choosing the right law firm to maximise their compensation. In order to get the best possible amount of compensation you should ensure that the law firm you choose guarantees 100% compensation with no charges to pay and no deductions incurred.
