Croftons Injury Claims

Many accidents do unfortunately involve children and result in them sustaining injury. Whilst parents/legal guardians may wish to claim compensation for their child, they are often unaware of the practicalities of doing so.

In the eyes of the law, any person under the age of 18 (known as a minor) does not have what is known as “legal capacity”. In other words, they cannot give full and valid consent to issues of law. The law therefore ensures that minors are protected by requiring a “Litigation Friend” to be appointed. This is usually one of the child’s parents or a legal guardian or other responsible person. Most importantly, they must be someone who will look after the best interests of the child and they are appointed to make all of the decisions on behalf of the child. The claim would then continue in the same way as for an adult.

If / when the parties come to negotiating settlement it will be appropriate to obtain a Barristers advice. The Barrister will consider the injuries and associated losses sustained and provide an opinion as to the value of the claim which will assist negotiations.

Any settlement agreed between the parties will have to be approved by the Court by way of an Infant Settlement Hearing (usually in informal settings). This is to ensure that the compensation awarded to the child is the appropriate amount and further ensure that it is invested for their future benefit. The damages would then be held by the Court in a trust fund, incurring interest, until the minor’s 18th birthday. Whilst consideration may be given to part of the compensation being paid out immediately, the Courts are reluctant to do so unless there is a pressing need and/or they are satisfied that the release of funds would be for the sole benefit of the child.

Posted on 03.09.10

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