Accidents involving children can be particularly traumatic as a parent or guardian and navigating the claims process can be overwhelming. If your child has been injured in an accident or as a result clinical negligence, you could claim compensation on their behalf by acting as their ‘Litigation Friend’. This allows you to provide instructions to a solicitor and make decisions on behalf of the child throughout the claim process.

Ordinarily, an adult with capacity would have 3 years from the date of the accident to make a claim for personal injury or clinical negligence, but with children, the limitation period is their 21st birthday. At the age of 18, if a claim has not been made or is ongoing, your child could choose to pursue the claim themselves.

As with any claim, the amount of compensation will depend on the severity of the injuries sustained and the future prognosis. The compensation will be assessed under two main heads, general damages to compensate for general pain, suffering and loss of amenity caused by the injuries your child has sustained as well as a special damages, these are unique in every case. As a parent or guardian, you may be able to recover additional costs you have incurred as a result of your child’s injuries such as treatment or mileage costs, gratuitous care costs, loss of nursery fees if your child has been unable to attend due to their injuries and many more. Special damages will be discussed in further detail with your solicitor as there are a variety of costs in addition to those listed above you can claim for.

Once settlement has been agreed, an infant approval hearing must take place to ensure that the settlement monies offered are adequate and that your child has been appropriately compensated. A judge will assess this by reviewing documents such as medical reports and advice produced by a barrister. When the sum is approved, damages are usually placed in a Court funds office account and interest added where your child will have access to the funds upon turning 18. As their Litigation Friend, you can request funds to be used for their benefit, such as for therapy, but approval will be dependent on the Court. This is to ensure that your child’s money is looked after and cannot be spent by anyone else.

If your child has been injured, contact Richard Harriman by email or on 01494 521301.