Injury to Children
A child is defined in law as a person under the age of 18 years.
It is particularly important to use a specialist lawyer to help with a claim involving injury to a child.
Children’s claims are dealt with differently from those involving adults. It is sometimes possible to claim compensation for children involved in accidents where an adult would not. There is often a higher duty of care owed to a child than to an adult. The law is always changing and can be quite complicated. Much depends upon the age of the child and the circumstances, so we will have to look at each case individually.
The law does not allow children to conduct legal proceedings. The child must therefore be assisted by an adult. The adult helping the child is called a “Litigation Friend”. They take on all the legal responsibilities of someone bringing a claim, but sadly do not get any compensation – as the compensation will belong to the child. The Litigation Friend is required to sign a certificate that you are a suitable adult to conduct the claim for the child – surprisingly called a “Certificate of Suitability”.
We will advise you fully on what to do. Mostly, we will deal with you in the same way as for any other claims.
At the end of the claim things are a little different. The main difference is that the proposed terms of settlement of the claim will need to be approved by a Judge. This is to ensure that the settlement is fair, that the child is getting enough and to allow the Court to make the appropriate arrangements for the money to be protected and invested until the child reaches adulthood at 18. The money is normally invested in the Court Funds Office. http://www.courtfunds.gov.uk/cfo/cfo.htm
It is possible to have small funds paid out for the child at settlement, for example for educational purposes. Speak to your case handler about this if you have any questions or wish to make such a request.
