Special rules for children’s personal injury claims
Litigation friend: An adult, known as a litigation friend, must bring the personal injury claim on the child's behalf. This person is usually a parent. They must be able to act fairly and competently and must act in the best interests of the child. In addition, the litigation friend must have no interest in the compensation claim. This means that in certain cases, the child's parents cannot act as litigation friend, for example where the child was injured in a road traffic accident and a parent was the driver of the car carrying the child. In appropriate cases, a professional litigation friend can be appointed by the solicitor or the court.
Time limits: In most personal injury cases, a 3 year limitation rule applies. This means that court proceedings must be started within 3 years of the date of the accident. However, in cases involving children, this ‘limitation period’ does not start to run until the child reaches 18 years old.
How the courts treat children in personal injury claims: The court considers that a child often does not have the same mental capacity to appreciate the full danger of a situation as an adult would in the same circumstances. Children are therefore judged by what can reasonably be expected of a child of the same age rather than an adult. For example a child injured in a car accident who was not wearing a seatbelt would be less likely to have their compensation reduced than an adult in the same circumstances.
Investment of compensation: The court must approve all compensation from child accident claims, no matter how small. The court will look at all the medical evidence obtained and details of any financial losses as well as advice from a barrister (or solicitor if low value) and will also wish to meet the child before giving approval of the settlement. This is the case even if the level of personal injury compensation was settled without commencing formal court proceedings.
Once the court has approved the amount of the child's compensation claim, the money will be invested in the court funds office in a special high interest account where it will earn interest until the child reaches 18. The money and any interest accrued will then be released once the court has seen the child's birth certificate and a copy of the order containing details of the settlement reached.
It is possible, in certain circumstances to obtain some of the compensation money before the child reaches the age of 18. However the court will only release the money if it is satisfied that the child has an immediate need and the expense is necessary and the money will be used only for the child's benefit. An example would be money for a computer to help with school work or an educational trip.
For free advice, contact Bolt Burdon Kemp’s expert personal injury solicitors and let us assess your claim online.
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