When a child is involved in an accident and suffers an injury, it is a difficult time for all concerned. No parent wishes to see their child suffer in any way but accidents do occur whether they be in the playground or on the road.
It is important for the lawyer acting on your behalf to ensure that the medical evidence in a child’s claim covers whether or not the injuries they have sustained will impact upon their growth and development. It is only when it is clear as to how the child will be affected in the long run, if at all, that the case can be concluded. Sometimes, the injuries are uncomplicated and the claim can be concluded swiftly and on other occasions, it may be necessary to wait until the child gets older to ensure that there are no complications from the injuries. Medical experts will advise you and your lawyer upon the appropriate course of action in each particular case.
A parent or guardian will normally act on behalf of a child and are called their “Litigation Friend”.
If following medical evidence, an offer to settle the child’s case is made, the lawyer will make a recommendation as to whether or not the offer is acceptable. If it is, the Litigation Friend can rest assured that the matter still has to be approved by a Judge.
An application is made to the Court providing all evidence in support of the case and often a confidential advice from a Barrister. A Judge will review all of the evidence and advice and will also want to meet with the Litigation Friend and the child too in order to consider whether a settlement is appropriate. If the Judge feels the right level of compensation has been achieved by negotiations between the parties, he or she will make a Court Order confirming that the Court agrees to the settlement. If it is necessary for the child to go to Court, the Judge will ensure that the process is not daunting. The hearing should not take place in a big Court room, but a smaller office with everyone sitting around a table and the Judge does not wear a wig and gown, but a suit.
Once the Order is made, the money will be held in a Court Account accruing interest until the child is 18 years old. It is possible to ask for some money to be released before that time for any out-of-pocket expenses that have been claimed by others or indeed any specific item for the child.
Once the child is 18, he or she can contact the Court in their own right for the funds to be released to them. Their birth certificate and details of the Court’s case number will be required.
If you’ve been involved in an accident and are in need of the best legal representation in the region, then give us a call on 0800 294 4895 or fill out our online contact form. Our specialist team of accident claims solicitors are always on hand to help.
