How can injured children bring about personal injury claims?

It is a fact, and certainly a sad one, that children can be injured in accidents in exactly the same way as adults. However, the way their claims are dealt with, and particularly how they are concluded, is different. For the purpose of this article, a child is defined as anyone under the age of 18.

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A child who is injured due to the negligence of another has the same right to bring a claim as an adult but lacks the legal capacity to bring a claim on their own behalf. This doesn’t mean the claim can’t be made only that an adult, invariably a parent or guardian, must act for them as what is known as a Litigation Friend. This includes signing any documents on the child’s behalf and completing a Certificate of Suitability as a Litigation Friend when asking the Court to approve any settlement reached for the child’s claim.

Once the paperwork formalities have been completed, the claim is processed as any other claim would be until settlement is reached. At that point it is usual for the injured child, via his or her Litigation Friend, to apply to the Court for approval of any settlement arrived at. This provides security for the child in that the Court can state any offer accepted is reasonable and also ensures the child isn’t settling their claim for a lower amount than they should actually be receiving or being treated unfairly in any other way. The settlement money paid out by the insurers is usually then paid into the Court Funds Office where it is held for the child who can apply for it when they turn 18.

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Legal costs are usually paid by the insurer of the person or organisation responsible for the incident which caused the injury. Because law firms generally operate on a ‘No Win No Fee’ basis, there is also an element called a success fee which is deducted from the injured person’s final settlement money. This amount is flexible, and some claimant firms charge as much as 25% of the settlement sum.

Unlike many other firms, at Fraser Dawbarns we agree a fixed maximum success fee at the outset of the case when we are acting for an adult, so you know exactly where you stand and what will be deducted from your compensation. We do not believe it is right to take money from a child’s settlement. As a result, when we act for a child in any Personal Injury or Clinical Negligence matter under a No Win No Fee Agreement, we do not charge a success fee from the Damages awarded.

If you would like to discuss a potential injury claim with us, please contact Neil John on 01945 586613, or email personalinjury@fraserdawbarns.com.

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To contact a member of our team, you can fill in our online enquiry form, email info@fraserdawbarns.com, or call your nearest office below. If you’d like to speak to a member of our team at one of our offices across Norfolk and Cambridgeshire, visit our offices page.

Wisbech: 01945 461456

March: 01354 602880

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Downham Market: 01366 383171

This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances.  Fraser Dawbarns LLP are always happy to provide such advice.