If your child has been hurt in an accident that wasn’t their fault, they are entitled to make a claim for compensation – but need a Litigation Friend who is aged 18 or over to act on their behalf.
Children under the age of 18 are unable to directly instruct a solicitor to act on their behalf. However, a Litigation Friend, usually a parent or guardian, can take on this role to give instructions to the solicitor on the child’s behalf, including when to settle.
What Happens When The Claim Is Settled?
The Litigation Friend gives instructions to the child’s solicitor on when to settle the claim. The Court needs to approve the settlement figure where children are involved, which usually entails a short Court hearing at the child’s local Court and with the child present, age and nature of case dependent.
The Court assesses the evidence before approving the agreed settlement. Any compensation is then paid into the Court Fund Office, and stays there, earning interest, until the child turns 18.
Can I Make A Claim For Injuries Suffered As A Child?
Yes, you can make a compensation claim for injuries you suffered as a child, in an accident that wasn’t your fault. Normally you only have three years from the date of the accident to make a claim for compensation, however for children this three-year limit only starts when they turn 18 – so you have until your 21st birthday to make a claim for injuries sustained as a child.
As a parent of a child who’s been injured in an accident, keep in mind that waiting for your child to turn 18 can make it harder to make a claim as obtaining supportive evidence at a later date will likely be trickier. Also, by making a claim straightaway, you ensure that any specialist medical care or rehabilitation your child needs, is included in the settlement.
How We Can Help With Child Accident Claims
When your child is hurt, seeking medical treatment and doing everything possible to provide the best chance of full recovery, are naturally your immediate concerns. If, however, the accident was caused by someone else’s fault, then you may want to seek compensation on behalf of your child or you can wait until your child turns 18 to decide if they want to claim for compensation – whichever option you choose, our specialist personal injury solicitors are here to provide the advice and guidance you need.
We are experienced at working closely with parents and guardians of children who’ve been injured in an accident that wasn’t their fault, as well as practised at helping adults secure compensation for injuries they sustained as a child.
To speak to one of our professional personal injury solicitors about your child’s injuries or your childhood injury, and for advice on making a claim for compensation, contact us on 0800 988 3674 or email advice@bartletts.co.uk
