Claims by Children...

The procedure for a child making a claim for compensation is essentially the same as that of an adult, but there are some special rules, which apply to children. These are:

• A child can bring a claim for compensation and formally start Court proceedings at any time up until their 21st Birthday. An adult would normally have 3 years from the date of the accident to start Court proceedings. This does not mean that a claim should not be started as soon as possible, as there is a higher chance of success if it is started shortly after the accident while the evidence is fresh.

• Any settlement in a case involving a child must be approved by the Court. Once a settlement has been agreed, Court proceedings will be started purely to get the Judge’s approval of the agreed settlement. It will be necessary for both the child and their representative (Litigation Friend) to attend the hearing with their Solicitor or Barrister. Once a settlement has been approved, the compensation will be invested by the Court on behalf of the child until they reach 18. It is possible in certain circumstances to apply to the Court for some of the money earlier than the child’s 18th Birthday, provided the Court is satisfied that the money will be used for the child’s benefit.

Main Contact:
Simon Rowley