At The Injury Lawyers we often get asked whether a child is able to make a claim for compensation. We have therefore prepared this short guide to hopefully answer all your questions regarding claims for compensation which involve children.
Who constitutes a child?
Legally speaking, a child, or a ‘minor’, is a person under the age of 18.
Can a child bring a claim on their own accord for a personal injury they have suffered?
As with any accident, a person must make a claim for compensation within three years of the date of the accident. A child under the age of 18 however cannot make a claim for compensation by themselves. As such, where a child is injured through no fault of their own, they are able to make a claim for compensation up until their 21st birthday. However, as we at The Injury Lawyers are well aware, many people wish to make a claim for their child sooner; after all, events are fresh in their minds and it would make sense to get the situation dealt with as soon as possible. In this situation a child is able to make a claim for compensation through a ‘litigation friend’; in other words, a responsible adult who can act on the child’s behalf. In most cases this will be the child’s parent or guardian. Equally though it could be some other trusted adult.
What happens with your child’s compensation?
Just imagine a situation where your child has been awarded £100,000 in compensation. If the child is 5 years old, does the child receive this money themselves? After all it is the child who has been injured; so it is their money, but what are they going to do with that? Buy millions of sweets? If only! At the same time though, should the parent receive it and be trusted to use the money solely in respect of the injured child? No – instead what happens is that the child’s compensation goes into a court held trust fund (with a great interest rate on it) which the child is able to get hold of when they turn 18 years old. That said, if a plea is properly made, a judge can award the child at the time a small amount of compensation. For example, say your child is awarded £10,000; a judge may allow the litigation friend to receive £500 of that compensation at the time where a request is made to buy the child a games console to cheer him/her up, or books for school to boost their education.
If your child has been injured through no fault of their own, and you believe they may be entitled to make a claim for compensation, do not hesitate to give the professional injury lawyers at The Injury Lawyers a call to obtain some further free legal advice.
