Compensation Claims for Children

It is possible to claim compensation for children, if they have sustained an injury as a result of someone else’s negligence? In most personal injury cases there is a three year limitation period. This means that you have three years in which to make a claim of compensation from the date of the accident. However, in respect of children, the limitation period is different, you have until the child’s 18^th birthday to make a claim, or the child having reached the age of majority then has a further three years to make a claim of compensation themselves.

Anyone under the age of 18 is seen a minor and therefore, in order for a claim of compensation to be made on behalf of a minor an appropriate litigation friend must be appointed to act on the child’s behalf. This is usually the parent or guardian of the child. It must be someone independent in respect of the accident and its circumstances.

Any compensation offered to a child in a claim for compensation must be approved by the courts. A barrister must value the claim independently against the offer made by the third party. This must then be presented to the court and a judge must confirm that they are happy that the child’s best interests in respect of the claim have been met.