If you are a parent your children will be one of the key important responsibilities you have in your life and rightfully so you will be utterly devastated if they have an accident which was not their fault, nor your fault. Sometimes accidents are inevitable (and children are particularly accident prone) but in case in which the accident can be attributed to a third party’s negligence you will be able to make a compensation claim on behalf of your child.
When an individual is under eighteen years of age they may not be able to make a personal injury claim on their own – this is understandable. Therefore, a parent or guardian may act on their behalf. They will be referred to as the injured party’s ‘litigation friend’ throughout the process. They must answer all questions regarding the incident and the person’s injuries as they believe they themselves would answer them if they were able to do so. The individual who acts on the behalf of the child must be unrelated to the incident in which the injury was sustained.
If you do not make a claim on behalf of your child, they will have 3 years from the date of their 18th birthday to make a claim for him/herself if you wish to let them take make their own decisions as to whether to take legal action regarding the matter. This is the standard timescale given to any adult wishing to make an accident claim, however the 3 years usually runs from the date of the accident.
As a parent claiming on behalf of a child, you will not receive the compensation directly unless it is ruled by a judge that the money is going to be used for something directly beneficial to the child. You may be able to use the compensation to fund carers for your child in your home for example. In all other circumstances the money will be kept in a trust fund for the child to access on their 18th birthday. This is because although the money claimed is rightfully theirs they may not have the means to make considered decisions about how to invest/use the funds until they are 18.
What Can I Claim For?
You can claim personal injury compensation for your child in any circumstances in which a third party is at fault. Therefore some of the situations in which you will have a viable basis for a claim will be similar as when claiming a personal injury claim on your own behalf. Others will differ. Compensation claims may be made following:
– Slips and trips
– Car accidents
– Accidents at school/nursery/play group
– Holiday accidents
– Birth injuries
Situations are unique and circumstances differ from claim to claim so contact a specialist personal injury lawyer today if you wish to claim on behalf of your child. Contact us here at Roskell Davies for a free, no obligation initial consultation with one of our team. Call 0800 142 2901 or fill in an online enquiry.