Who Can Claim?
As the parent or guardian, know as a “Litigation Friend” of an injured child can make a claim for compensation on their behalf providing that the child is under 18 years of age providing there is no conflict of interest. Therefore if a child was injured as a passenger in a car driven by the child’s mother who was to blame for the accident, the mother could not be classed as the “litigation friend.”
In these circumstances the father or another responsible adult such as the grandmother or other close relative must act on behalf of the child.
See further below.
Settlement of Child Injury Compensation
A Child Must Act Through a Parent or Guardian.
As the parent or guardian, know as a “Litigation Friend” of an injured child, the litigation friend can make a claim for compensation on behalf of the child. A person under the age of 18 years is classed as a child, minor or person who lacks capacity to act in their own right so a claim for compensation must be pursued through an adult providing there is no conflict of interest. Therefore if a child was injured as a passenger in a car driven by the child’s mother who was to blame for the accident, the mother could not be classed as the “litigation friend.” In these circumstances the Father or another responsible adult such as the grandmother or other close relative must act on behalf of the child.
Investment of the Injured Child’s Compensation
Once the case is settled and the case in won, the compensation will be payable until the child reaches the age of 18 years which is the age when the law determines that a child can act for himself/herself without the need for a parent or guardian. Up until the time the child who has been injured on the trampoline reaches 18 years of age the child must always act through a parent or guardian. If the child needs money for education, welfare or benefit before reaching 18 years, the child’s trampoline injury solicitors will request from the court a payment out of the compensation fund on account.
The compensation payment to the child following an accident claim will be invested on the child’s behalf at the Court Funds Office special court bank account which gains interest and is invested on behalf of the child until the child reaches the age of 18 years of age.
It is important once the case has been finalised that the parents and the child keep a note of the court case number and the address of the court. If the family move address they should also remember to let the court know of the new address so that the court will be able to keep track of the family and remind the child when he or she reaches the age of 18 years that the compensation plus interest will be paid so that the final compensation claim for the injured child victim will finally come to an end.
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