Claiming On Behalf Of A Child

Claiming On Behalf Of A Child

Each year many children are treated in hospitals for many accidents, often as a result of the child’s immaturity, boisterous or reckless behaviour. Most of the time, no one can be held accountable for the accident other than the child themselves. Sometimes however, if preventative measures were in place, the accident may have been less likely to happen.

Children are very vulnerable and the law recognises this, placing their safety and well being in the hands of adults. If your child has been involved in an accident as a result of a negligent person, your child might have a claim for compensation; depending on the circumstances of course.  Children under the age of 18 will have to be represented by an adult. If you are unsure as to whether your child has a claim for compensation, it’s always worth investigating it with a specialist injury lawyer.

Some examples of potentials claims for compensation are as follows:

• Accidents at school
• Accidents in the playground
• Accidents when on supervised outings
• Bicycle Accidents
• Slips and trips
• Road traffic accidents
• Accidents in public places i.e. swimming baths, parks.

A child’s claim for compensation differs quite substantially to that of an adult. For example, an adult’s limitation period to make a claim is normally three years from the date of the accident, whereas a child’s limitation period does not start until they reach their eighteenth birthday (3 years from the date they turn 18). This mean that the child potentially has up until they are twenty one years of age to place a claim for something they experienced in their childhood. It is however always advisable to make a claim as soon as possible; which is useful for evidential purposes.

A litigation friend is appointed to persons under the age of eighteen; this is usually a parent or guardian who has been approved by the court as acting with the child’s best interests in mind.  The law recognises that a child is incapable of making such a claim as they don’t usually have the necessary skills required for such matters.

The court realises that a child doesn’t always see danger in an action or situation and so therefore different standards of blame are applied. If a child has even contributed to the outcome of an accident the child is not necessarily held responsible for the outcome.

It is the litigation friend who is responsible to instruct the solicitor to accept or decline settlement offers made by the defendant. The solicitor will of course provide advice on how to proceed with the offer to reflect the true valuation of the claim.

It is the courts duty in ensuring that the compensation is adequate for the injuries sustained by the child and a judge will approve any offer made for settlement. This will take place informally at a short hearing which usually takes place at a local court.