Can I make a claim on behalf of my child? This is a question we often encounter in our Personal Injury department. It is indeed possible to pursue a personal injury claim on behalf of a child when they have been involved in an accident. The process is straightforward and is ultimately designed to protect the interests of the child. There are a few differences when claiming on behalf of a child rather than an adult. Having a basic understanding of how child claims differ will help you protect their damages.
The Limitation Period
There is a fixed period of time during which a Personal Injury claim can be made. In relation to claims involving adults, the general rule is that court proceedings must be issued within 3 years of the date of the accident.
The limitation period works differently in child claims. You can submit a personal injury claim as soon as the accident has happened or anytime up to the child’s 18th birthday. The claim will not be subject to any deadline until the child turns 18. Once a child reaches the age of 18, if a claim has not already been made on their behalf, they have 3 years to start their claim. In other words, the child has until their 21st Birthday to commence court proceedings.
Who Will Represent My Child?
A child cannot represent themselves in their claim and their ‘Litigation Friend’ will need to be appointed. The Litigation Friend must be over 18 and is usually the child’s parent but they can be another family member or close friend.
The Litigation Friend is the person who instructs the Solicitor and submits the claim on the child’s behalf. The role of the Litigation Friend is to act in the best interest of the child and to conduct any court proceedings fairly and competently. They will be making important decisions in the claim on behalf of the child.
How Long Will the Claim take to Settle?
A child’s claim cannot be settled until they have made a full and complete recovery from their injuries, or it has been established that the ongoing symptoms will be permanent. Detailed medical reports will need to be obtained. The Court must approve the settlement of a child’s compensation award at a hearing called an “Infant Approval”. Your Solicitor will make an application to the Court, and an Infant Approval hearing will be booked before a County Court Judge. This hearing is a short and informal event conducted in private. It is usually attended by the child and the Litigation Friend and their Solicitor.
The Court would not approve any settlement reached between the parties where the Judge is not satisfied that the child has made a full recovery or accepts that the child’s symptoms are permanent.
This safeguards the interests of the child and ensures that the settlement reached represents an appropriate award of compensation.
Also, in order to further safeguard the child’s interests the Court invests the child’s compensation award in an investment account until the child reaches 18 when the compensation plus interest accrued will be paid out to the child. Sometimes, where the compensation amount is relatively small, the Judge may simply order that it is paid direct to the Litigation Friend to be put in a savings account for the child’s use and benefit. The Court will only do this if the savings account (usually a Child Trust Fund, or a Junior ISA) is one which the child is unable to access until they turn 18.
We have represented significant numbers of injured children. If you find yourself in a position where your child has suffered an injury as a result of an accident then please do not hesitate to call us for advice on 0114 218 4000 or email us on info@tayloremmet.co.uk
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