Children Accidents - Claims Procedure
Any legal proceeding involving children is carefully legislated and every precaution is taken by the court to ensure that the child's needs are protected in every possible way.
As such, it can seem something of a minefield to parents or adults involved with the case, which is why at 1stClaims we are here to make sure everything is clearly explained and understood to you.
Read on for a brief explanation of legal terms and a child's rights in a compensation case:
- No child under the age of 18 (legally known as a 'minor') is entitled to pursue a claim without the involvement of a parent or a legally approved adult, and any agreement between a solicitor and a minor is not seen as legally binding
- Adults who are nominated by the minor or by someone in a position of responsibility for the minor (usually a parent or guardian) are referred to as a 'Litigation Friend'
- A minor can pursue a compensation claim, at any time after the incident, until the age of 21. For example, if the accident occurs when the minor is 12, they have up to nine years to make a complaint.
- Once a child reaches the age of 18, they are considered an adult and are given until their 21st birthday to make a claim on their own behalf
- Most children automatically qualify for legal aid
- Once a compensation claim reaches the courts for a 'hearing' or trial, it is known as an Infant Approval Hearing or a Minor Settlement Hearing
What is the process for a Minor Settlement Hearing?
- Once the minor and their litigation friend is appointed after discussion with a 1stClaims Solicitor (who will remain with them throughout the process) they will run through all the factors of the case. All our 1stClaims Solicitors are highly qualified and sensitive to the needs of the child and will treat each case as unique.
- Eventually, when the case is finalised and a judge is available for a hearing, it will go to court for approval. This is often no more than a two minute hearing to check the child has recovered. This is the main difference between an adult's claim and a minor's claim: ie the court must agree to the settlement. A child's claim cannot be agreed just by the minor or adult responsible for the child.
- In order for this to happen, a barrister is required to give a second opinion in writing, which is then assessed very carefully by a judge. The judge may decide that more evidence or consideration of the child's needs in the future is required and these needs must be met before the judge agrees a settlement.
- The minor, solicitor and litigation friend will then meet with the judge who will finally decide whether the settlement is reasonable to him or not.
- The compensation awarded is often then placed on trust until the minor's 18th birthday. However, the judge can award an instant payment for a child, such as money for a computer, or maybe even a PS3 or Xbox Elite!
If you would like 1stClaims expert Children Accident solicitors on your side please call us free on 0800 2888 693 or complete our Free Claim Enquiry form now and we will be in touch with you very soon.
Remember, it costs nothing to ask and you receive 100% of your compensation.
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