Children
If you have sustained injury as a child, or are responsible for someone injured under the age of 18, it is possible to purse a claim for personal injury compensation. Usually a parent will act as the child’s Litigation Friend. A Litigation Friend is simply the term given by the Court to the person appointed to ensure that the legal proceedings are made “fairly and competently” on behalf of the child.
We will take instructions from you on behalf of your child, and assess whether there are sufficient prospects to proceed with your claim. We have considerable specialist experience in this area and understand the considerable distress and worry caused when your child is injured in an accident. We will explain the claim process clearly, and provide you with the support and advice you may need. The process for making a claim can sometimes seem frustratingly slow, but we will ensure that it goes as swiftly and as smoothly as possible.
What can my child claim for?
A child will be able to receive many of the same types of damages as adults, including:
- Compensation for your child’s pain, suffering and loss of amenity;
- Financial expenses arising from the accident. This may include:
- Medical expenses;
- Travel expenses;
- The cost of any aids and adaptations your child requires.
There are several areas where damages will be quite different from adult claimants, including:
- Most children will not be earning a significant income at the time of the injury. However, you may be able to recover damages to reflect future loss of earnings resulting from the injury.
- As a parent, you may be forced to spend a great deal of time and money caring for your child as a result of an injury. Damages can be recovered to compensate for this care.
When should my child make a claim?
Claims involving minor claimants are unusual in that the normal time limits for making a claim are considerably changed. A claim must normally be issued at Court within 3 years of the date of the accident. However, if the injured victim is a child, the 3-year period starts from the date of their 18th birthday as opposed to the date of the accident. For example, if a child is injured at aged 12, he will have until the date of their 21st birthday to issue a claim- three years from the day they turned 18.
How can I fund the claim?
Many people worry that making a claim can be an expensive process. However, many personal injury claims will be eligible for Conditional Fee Agreements (CFAs) commonly known as “no-win-no-fee.” There may be other forms of funding which may be available to you.
If you decide to make a claim, we will agree on a funding arrangement which suits your needs and addresses any concerns you have about paying for legal costs. For further information in relation to funding, please click here.
What happens if the claim is successful?
If the claimant is still a minor when the claim is settled successfully, the court has special procedures for ensuring the settlement is reasonable for the child.
Money from a settlement will be usually paid into court and invested for the child and paid out when they turn 18, but some funds may be available immediately for needs such as education or costs already incurred, provided the parent is able to show a need for an expenditure which would not normally have been provided but for the injury to the child.
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If you want to enquire about making a claim, please contact a member of our team on 01895 207 835 or 01895 207 295. Alternatively, you can send an email with your name and contact information and brief details as to the nature of the accident/clinical negligence and the injuries sustained to PI@ibblaw.co.uk and one of our team will be able to help you.
