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Compensation claims on behalf of children
The same legal principles of negligence apply to claims by children under 18 but there are differences of procedure including:
- the claim has to be brought on the child’s behalf by a “litigation friend” (usually a parent).
- the usual three year time limit for the issue of Court proceedings in personal injury cases does not begin to run until the child’s 18th birthday (i.e. the child has until the age of 21 to bring a claim).
- any settlement between the parties must be approved by the Court to ensure that the child’s best interests are safeguarded
- the compensation will generally be invested by the Court until the child’s 18th birthday.
- when considering eligibility for Legal Aid funding of the claim, it is the child’s (not the parents’) financial circumstances that are assessed.
It can be difficult to know whether your child may be suffering due to medical negligence. This is why we offer a completely free no obligation consultation. Please call us on 0870 609 3623 and talk to one of our medical negligence solicitors.