Who can claim for a child ?
Until they reach the age of 18 children cannot act for themselves and must have adult representation. Claims for children are usually brought by the injured child’s parent, guardian or other close family member.
The person who acts on behalf of the child is known as the ‘Litigation Friend’ and must always act in the best interests of the injured party.
Any compensation award must be approved by the courts and will be held by the court, in the court funds account, where it will gather interest until the child reaches the age of 18 when it will be paid out the injured party. A parent or guardian, usually the Litigation Friend from the main action, can apply to the court funds office for an early payment for some of the money but only if it is for the ‘education, benefit or welfare’ of the child, there is no hard and fast rule as to what they will allow payment for but past examples have been for school equipment, school trips etc.
What can be claimed for a child’s injury ?
At Cohen Cramer Solicitors we will recover the following on your child’s behalf:
- compensation for pain and suffering resulting from their accident; this can be for physical injuries as well as any mental trauma or scarring.
- the cost of treatment and medication your child may need due to injuries they sustained in the accident as well as any future care costs they may need.
- the cost of additional care and help from family and friends such as parents having to take time off work to take the child for treatment or just to look after them at home. We can also recover for gratuitous care; this means care that is given above and beyond normal parenting responsibility even if not paid for.
- all and any other financial losses resulting from the accident.
What will it cost to bring a claim for my child ?
Nothing, like a claim brought by an adult, your child’s claim can be dealt with on a ‘No Win-No Fee’ basis so that if the claim fails you don’t pay us a penny for the work we have done on your behalf.
How long do I have to bring my child’s claim ?
Claims for personal injury and loss must be brought within three years of an accident, the courts can extend this period but only in exceptional circumstances, however this does not apply to children who must bring their claim within three years of their 18th birthday i.e. by their 21st birthday (again the courts do have a discretion to extend this period). Just because you can wait this long doesn’t mean you should; evidence may be destroyed or lost and witnesses will lose recollection. To give your child the best chance of a successful claim you should start the ball rolling as soon as possible.
To get your claim started or just to have a chat to see how we can help you, get in touch today:
- call: 0113 224 7804 (24 hours)
- email: firstname.lastname@example.org
- pop your details into the contact box at the bottom of this page and we will get back to you
For the Quality Legal Service you deserve.