Making a personal injury claim for a child does have differences form making a claim as an adult and it is important to understand these differences before going ahead with a personal injury claim for your child.

What are the major differences?

The first real difference is the time your child has to make a personal injury claim. When an adult makes a claim, they usually have three years from the date of their accident to make claim for compensation. This is called limitation. However with a child’s claim you, as their parent, can decide to make a claim on their behalf whilst they are under the age of eighteen or you can wait until your child turns eighteen and then they can decide whether they want to make a claim themselves.

In this situation, they still have three years from the date of their eighteenth birthday to claim compensation for their injuries, after which, the limitation on their claim will expire. Therefore, you as their parent or carer, will have to decide on whether to claim for them or to wait for them to make the decision.

Litigation friend

If you do decide to make a claim on behalf of your child, they will need a representative to sign all the legal documentation and to make any associated decisions on their behalf. This is known as a ‘litigation friend’ and is usually a parent, carer or close family member or friend. They must, at all times, have the best interests of the child at the forefront of their thought process when making decisions on their behalf.

The final difference is the awarding of compensation to a child. Normally, where a claim is settled outside of a trial, the defendant will agree to pay a sum of compensation and will just sent a cheque and the matter will close. With a child claim though, any agreement must get the approval of a judge – this is called an infant settlement hearing. The judge will approve the settlement and the money will be held in trust for the child for when they reach the age of eighteen.

Experienced advice is essential

Child claims are distinctly different so getting advice from an experienced personal injury solicitor is the best way to ensure that you are aware of all the circusmtances.

If you would like to speak to one of our experience personal injury team about a claim for a child, please call us on 020 8520 1021 and we’ll be happy to help. Alternatively you can  complete our Online Enquiry Form and we’ll be in touch shortly.