It is the responsibility of all of us to ensure the safety of our children. Failure to provide the required care can result in accidents, which can have devastating outcomes for the children and their families. In such instances it is often necessary to bring an accident claim against the negligible party in order to secure the future of the child involved. Here we look at the processes involved in bringing an accident claim on the behalf of a child.
UK law states that any person under the age of 18 does not have the legal capacity to represent themselves. As a result it is necessary for a Litigation Friend (commonly a parent) to be assigned to proceed with the claim on behalf of the child.
Usually an accident claim for personal injury must be brought within 3 years of the incident occurring. This differs where a minor is involved and they have 3 years from when law dictates they become an adult, on their 18th birthday. This means that if compensation is not sought on behalf of a child following an injury they have a chance to pursue it when they become an adult. In instances where the claim is brought on behalf of the child just after the accident, it can take many years before a settlement is reached. This especially applies were the injury is serious and allows for proper monitoring of any injuries as the child grows to gauge the full effect.
Whilst the claim is still being assessed it could be that the family is faced with expensive medical and care costs. The stress of these costs can often be eased by your solicitor obtaining interim payments. Once the accident claim has been settled and compensation awarded most solicitors will also offer follow-on support. This centres on financial advice to secure the future of the injured party, such as opening a personal injury trust.