A child’s first day at nursery and school are undoubtedly emotional. For parent’s it can be hard to accept that they are growing up, and for the child it is often exciting, fun and an opportunity for adventure!
For many parents it is the risk of injury that makes this step so much harder! They cannot stand in the playground watching all of the time and making sure their child does not get hurt- after all children are bound to fall over from time to time whilst playing the latest playground game (in my day this was tiggy lamppost!)
However, if your child is hurt at school they may still be entitled to compensation, just as an adult would be. Children are much more susceptible to injury than adults and can be more serious in the sense that they can affect the child into their teenage years (an already difficult time!) and even into adulthood.
In this blog when I say child, I refer to any persons under the age of 18 – also referred to as a ‘minor’.
Obviously, it would be unimaginable for a child to pursue this claim themselves- I don’t think any of us would expect a 4 year old to instruct a solicitor!
If you find yourself in this position, the case will be managed through the use of a “litigation friend”. This person, as the name says, acts as a ‘friend’ to the client and runs the case as if it was their own. It is usually a parent/guardian but can be anybody close to the child who they trust.
To nominate a litigation friend, the chosen person is required to sign a certificate of suitability. From then on it is down to this person to provide information, be consulted on the case and basically just run the case no different to any other adult case!
However, one difference in pursuing the claim like this is when a settlement is offered. Unlike in adult cases (where the adult can decide whether they want to accept or not- with the help of a solicitor’s advice) the settlement is referred to the courts who will judge if the amount offered is acceptable. If it is deemed so, the money is normally placed in a trust fund for the child to access on their 18th birthday.
Just because it is a child that has been injured does not mean compensation should not be sought- children are more fragile than adults! If you think you may have a possible claim fill in the form below and one of our friendly and expert team will call you back!
