subject: Making an injury claim on behalf of your child [print this page] Making an injury claim on behalf of your child
As children grow up they are inevitably inquisitive and become more adventurous. This can often lead to accidents which in most cases are typical "growing up" accidents. However sometimes these accidents are more serious and on occasions injuries are sustained that may be as a result of someone else's fault.
In these cases circumstances it may be appropriate to make a personal injury claim on behalf of your child.
As you might expect children themselves cannot make a claim. Instead an adult known as a "Litigation Friend" must make the claim on their behalf. However this friend must not have a conflict of interest with the compensation claim. In most cases a parent can act as the "Litigation Friend", although in some cases this may be inappropriate.
Accident claims for children are handled differently to that of an adult and are judged on what a child of the same age would have reasonably been expected to do under similar circumstances.
Another way child claims differ from adult claims is in the time allowed to make a claim. An adult will normally have to claim within 3 years of the accident, however a claim for a child can be made up to their 21st birthday. It is best to make the claim as quickly as possible though as gathering the appropriate evidence becomes more difficult as time passes. It's also worth noting that before a decision on compensation is made the court will usually ask to meet the child and then approve the compensation claim.
If successful a child's compensation claim will normally be held in a high interest account by the Court Funds Office until the child reaches 18 years of age.
. An interim payment may be payable in cases where the child has an immediate need of some of the funds whether this is for medical expenses or educational purposes
The prospect of making a child accident may appear daunting, however processes are in place to make sure that the child's best interests are looked after at all times. If your child has been injured in an accident and someone may be at fault then it is worth seeking advice from a solicitor who can advise you on the best course of action to take.
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