World Children’s Day - 20 November

On World Children’s Day, we take this opportunity to consider injuries to children and bringing a claim on behalf of a child.

Injuries to children which are the fault of others are sadly most common following road traffic accidents, either when in a car, on a bicycle or as a pedestrian. However, accidents which are not the child’s fault can also occur at school, in parks or when being treated in hospital. These can range from minor whiplash and fractures to severe spinal or brain injuries, life changing loss of limbs and serious burns.

A child’s personal injury claim can be brought for an injury suffered before the child reaches age 18, and he or she will have until his 21st birthday to make the claim.

Children are not able to bring claims themselves, and therefore a Litigation Friend needs to be appointed, who can be a family member or say a Godparent, who is able to bring the claim on the child’s behalf.

As children are always passengers in vehicles, if a road traffic accident has been caused by a parent’s negligent driving, a claim can be brought against the parent and in turn the claim will be handled and paid by his or her motor insurers. A parent or guardian who was not involved in a road traffic accident can feel reluctant to be a Litigation Friend and bring a claim against their spouse or partner, but that parent’s mind should be put at rest as, once the claim has been submitted, the matter will be handled by the driver’s insurance company and the claim should be brought to compensate the child for the injury suffered and to fund any rehabilitation or treatment that the child may require.

The Litigation Friend should also be reassured that they do not have sole responsibility to decide, on behalf of the child, as to whether to accept an offer of settlement. This is because if the child’s solicitor advises accepting an offer of settlement, then a Barrister will be asked to advise on the offer and the proposal will also need to go before a Judge at what is known as an Infant Settlement Approval Hearing. This is not a daunting process and is held in the Judge’s office, known as Chambers. The Judge will consider the medical evidence and offer made, and once satisfied that he or she fully understands the extent of injury will either approve the settlement or reject it and require the parties to keep negotiating.

As to what will be expected of the child during the process, they will need to attend an appointment with a medical expert to consider the injuries sustained, but an expert will be carefully selected who has experience with children and child claims, to make the process as stress free as possible.

A parent should not be put off in bringing a claim on behalf of their child due to the concern of their child needing to attend Court. Whilst an older child would be expected to attend the Judge’s Chambers to check that he or she has recovered from their injures, as detailed in the medical evidence, parents should be reassured that the Judge will be very friendly, will not be wearing robes, and in my experience, children find the attendance very quick and straightforward.     

A common concern of parents when they meet with us for the first time to explore a claim on behalf of a child is what will happen to the compensation. They wish to ensure that, particularly a teenager, does not have access to large sums of money when they are not old enough to handle it appropriately. When a claim has been settled, the funds are normally paid into Court Funds and retained until the child reaches age 18. Alternatively, a Court will sometimes permit the damages to be paid into a Junior ISA or Child’s Trust Fund where again the child will not have access until they become an adult.

If the child requires a certain item for their education, such as a computer, or private medical treatment then as long as there are sufficient funds, the Court may permit a certain sum to be paid out to the parents of the child before 18 years.

As to what a parent or guardian should do after a child is involved in an accident, they should ensure that the injuries are recorded either at hospital or GP depending on the severity, keep all receipts for expenses incurred, take photographs of the injuries both initially and during the recovery process and keep a diary of the child’s recovery and details of the care they have provided.

Here at Barker Son & Isherwood, our Team has a wealth of experience in bringing claims on behalf of children. We appreciate the concerns and anxieties of parents in such situations and will guide the family through the process with understanding and empathy.   We are able to offer no win no fee type funding arrangements and are pleased to meet with parents for a no-obligation initial meeting at our Andover offices. Contact us now on personalinjury@bsandi.co.uk or call 01264 353411.