Claims for children

Overview

Accidents involving children are wide ranging from being passengers in an RTA, accidents in public and medical negligence including trauma suffered at birth.

As you would expect, there are specific rules that protect children and how their claims are managed.

For example, they must be represented by a “Litigation Friend”. That person is usually a parent or the child’s guardian.

Once compensation is awarded to a child, the monies will be invested in a Court Funds Office and will be released to the child – together with interest – once they turn 18.

For additional peace of mind, a Judge must approve the settlement as an appropriate one before the monies are agreed and invested. So we will ensure that full damages are recovered.

Most lawyers will seek to take a deduction of up to 25% from your compensation by way of a Success Fee. Resolution Law will not. Instead, we will assess each case individually to see if a 0% success fee is possible. If it is not, we will cap any success fee deduction at 15%.

The Limitation for commencing children’s claims does differ somewhat – but usually court proceedings have to be commenced within three years of the child turning 18 i.e. the eve of their 21st birthday. However, we would advise that you always seek legal advice as soon as possible.