Accidents And Children
How to make a claim if your child has an accident
Regardless of the measures we take to protect them, the vast majority of children will suffer an accident before they reach the age of 18. In the eyes of the law, no one under this age has the legal right to make a personal injury claim for themselves. However, if the child is injured as the direct result if someone else’s negligence, such as breaking their arm falling from an unsteady climbing frame, adults can help children pursue litigation and seek recompense.
In legal terms, anyone under the age of 18 is referred to as a ‘minor’. Whilst minors do not have the legal capacity to launch any form of personal injury litigation, they can appoint a ‘Litigation Friend’ to act on their behalf. A Litigation Friend is usually one of the child’s natural parents. However, if this is not possible, the child can appoint an adult he or she is comfortable with to assume this responsibility. If this is the case, the court will require proof that the adult is willing to protect the child’s best interests whilst making decisions on their behalf. However, the minor can wait until up to three years after they are 18 to make a claim. As long as court proceedings take place before the claimant’s 21st birthday, then the claim is both legal and valid.
Assuming a minor uses a Litigation Friend, the process can be as drawn out as it is for adults; in some cases, even longer. In settling the claim, the court will take into account the child’s age, the severity of the injuries and the child’s recovery progress. Claims of this nature are rarely settled until the long-term prognosis of the child is reasonably certain. Unfortunately, this can take time and delay compensation for quite some time.
Assuming a minor uses a Litigation Friend, the process can be as drawn out as it is for adults; in some cases, even longer. In settling the claim, the court will take into account the child’s age, the severity of the injuries and the child’s recovery progress. Claims of this nature are rarely settled until the long-term prognosis of the child is reasonably certain. Unfortunately, this can take time and delay compensation for quite some time.
Anyone considering becoming a Litigation Friend will certainly need legal advice, just as they would in an adult case. The advice for an accident involving your child may come from a solicitor or a compensation claims specialist - many of whom have teams dedicated to this area of the Law.
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