subject: How Long After A Childs Accident Can You Claim For Compensation? [print this page] According to figures released by the Office for National Statistics, approximately one million children are injured each year in accidents. These figures include road traffic accidents, incidents in the school playground and in public parks. Many parents and carers might be unaware that they are able to make a compensation claim on behalf of their child, but there are certain regulations to be observed.
Accidents involving children can not only have a significant impact on the life of the child, but they can also have a profound effect on the rest of the family. Rather than being a frivolous way of making easy money, compensation is used to help child victims and their carers to rebuild their lives in the aftermath of an accident. While many accidents are trips and falls with comparatively minor consequences, most of the major payouts come from medical negligence claims in maternity wards. These incidences can have lifelong, devastating effects.
Becoming a Litigation Friend Parents or guardians of children have the right to make compensation claims on a childs behalf. In order to do so, they must be an impartial party, meaning that they must have had no part in the accident. For example, if a childs father has a road traffic accident in which the child is involved, he cannot be considered as impartial. However, another member of the family who was not involved in the accident can. Once a representative for the child has been established, they become known in legal terms as a litigation friend.
A litigation friend is there to represent the child and protect their rights. To further protect their interests, there are strict laws regarding the paying of compensation. Often, it will be used to ensure medical treatment for injuries or, in some cases, it will be paid into a trust that can only be accessed by the child when he or she is older. There have been well-documented cases in the past where unscrupulous parents or guardians have tried to exploit their childs misfortune for financial gain. As a result, the laws have been tightened to prevent this.
In the case of adult compensation claims, the victim usually has three years in which to launch a case. However, the rules for child compensation are different. The law states that if a child is the victim of an accident before they reach the age of 18, the three-year limit does not commence until the childs 18th birthday. This is because injuries sustained in childhood may not affect the child until later in life. There needs to be adequate time allowed to determine the long-term effects of any accident and this, in turn, will help to determine just how much compensation is appropriate. However, there are possible circumstances in which a child can launch a compensation claim after their 21st birthday.
Because the law regarding child compensation is particularly strict and is subject to rigorous scrutiny, anyone seeking financial redress on a childs behalf is best advised to seek legal representation. Child compensation specialists have a working knowledge of this aspect of the Law and can ensure that the case is not jeopardised in any way.
by: Nick Jervis
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