It is important to understand how the law relates to children who have been injured through no fault of their own in an accident.
Firstly, if a child or a person under the age of 18 years is injured then a claim can be made on their behalf by a parent or a legal guardian. The child can also make a claim in their own right once they reach the age of 18 years. They will have two years from the date of their 18th birthday to make a claim. It is always best though to take a claim as soon as possible so that valuable evidence is not lost over the passage of time.
If there is an offer of settlement in a child’s case and the parent or legal guardian is happy with the offer, a Judge will still need to decide if the compensation is adequate. In practice this means that the case will be put before a Judge who will examine all of the medical evidence available and the injuries the child has sustained before making a decision.
This is done to protect the rights of the child who would not have the capacity to make that decision for him or herself. The compensation, once deemed adequate by the Judge, is then lodged in Court in a special bank account. It becomes available to the child when he or she reaches the age of 18 years.
If your child has been injured in an accident, the same rules of evidence apply so do not delay, download our guide now to ensure that you do anything to damage your child’s case.