CHILD ACCIDENT CLAIMS
Child Accident Claims
A child (in law someone under the age of 18) may be just as likely to be involved in an accident as an adult, and is entitled to compensation just the same.
There are however differences in the way in which children's claims must be handled.
A child is not permitted to pursue a claim in the Courts on his/her own behalf and it is necessary to appoint someone to act as a "litigation friend", (usually a parent but not necessarily so).
The litigation friend must:
- Not have any potential liability (ie cannot be the driver of the car in which the child was inured).
- Must act fairly and in the best interests of the child.
- Be prepared to give an undertaking to pay any Costs orders made in the case. We would usually advise you to guard against this by way of an appropriate insurance policy to minimise this risk.
Once a litigation friend is appointed such proceedings will proceed as if the child were an adult save that even if a settlement is agreed the child cannot accept such a settlement without the approval of the Court. If a settlement is provisionally agreed (between the child's lawyers and the litigation friend and the other party's lawyers) it is still necessary for the child, the litigation friend and the Solicitor to attend before a Judge in his "Chambers" (private office) for him to double check the sum agreed is reasonable. This is a further safeguard of the child's rights and interests.
Once a settlement has been approved (or a Judgment given after a contested hearing) the compensation is held by the Court and is invested until the child is 18. It is occasionally possible to persuade the Court to release part of the damages by way of an "interim payment" but this is not something that can be relied upon.
George Ide, Phillips is one of the UK's leading Personal Injury Solicitors (see Chambers Guide to the Legal Profession 2007) and is able to offer a friendly and efficient service in claims involving children and adults.
Each year our specialist team deals with thousands of cases and recovers on average over ten million pounds in compensation for all manner of accidents and injuries.
How can I claim?
George Ide, Phillips Personal Injury Lawyers have been involved in child accident claims since the 1970's and have a wealth of experience. Now most claims are funded on a ".no win no fee" basis legally described as "Conditional Fee Agreement" (CFA). At the outset CFA's had a bad press with some unscrupulous operators exploiting claimants. We at George Ide, Phillips have an "ethical" policy and insure that whether your claim is for a whiplash, broken bones, spinal injury or brain injury or other more serious injuries you make no payment of any sort and will receive 100% of your compensation if your claim in successful. If your claim is unsuccessful you will pay nothing and your opponent's costs will be covered by insurance.
What else can George Ide, Phillips do for me?
1. Physiotherapy
Injuries such as whiplash often benefit from early treatment by way of physiotherapy. We may be able to assist you in sourcing private physiotherapy on a credit basis. If no comparable service is available from the NHS in your area.
2. Private Medical Care
It may be that as a result of your accident you require some medical procedure in respect of which the NHS waiting list is lengthy. In certain circumstances it may be possible for us to assist you in obtaining such treatment on a private basis.
3. Case Manager
If your child has sustained serious injuries we can seek funding from the Defendant for a Case Manager to be appointed to co-ordinate your child's rehabilitation. If your child has missed school or college we can seek funding for extra tuition fees if appropriate and we can ask for the Case Manager to co-ordinate this. Our aim is to assist you in every way possible to make the best of the situation that you find yourself in and to support you throughout the claims process.
FREE CLAIM ENQUIRY
For free confidential advice about making a claim for Personal Injuries please call our free phone number on 0800 132 342 or complete our online claim form.
Testimonials
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Remember we charge no fees and you receive 100% of your compensation.
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0800 132 342
Ms A Abela
"Thank you once again for your excellent representation."
Mr E Edmunds
"I am happy and relieved that this business has been successfully concluded. This is because you have helped me from the start, and I would not have been able to do this without your expertise and advice. I would always be happy to see you if you are in the area, so again my sincere thanks for all you have done."