Can I Claim On Behalf of My Child?

By Levis on

If your child suffered injuries from an accident or due to medical negligence, as a parent your first thought is to immediately seek the help he or she needs. Protecting your child’s legal rights is as imperative as securing the best medical care. This is especially important if the injuries could have permanent implications for your child’s future. 

Parents often wonder when and how they should file their child’s injury claim and whether they can act on their child’s behalf. Below outline some issues in filing to recover compensation for your child in the event of a personal injury accident:

 

Limitations for child injury claims:

The normal limitation period for personal injury claims is 3 years from date of incident/ date you realise injury is related to accident. If you try to claim outside this time period unfortunately your claim would be time-barred. 

However, in child injury claims the limitation period does not begin until the child turns 18. Following their 18th birthday the child has a 3 year period to issue proceedings in their own right.

 

Litigation Friend:

A litigation friend is the person appointment to represent your child in their personal injury claim. Often the litigation friend is one the child’s parents or guardians.

To be a litigation friend for a child you must be able to show you can fairly and competently conducts proceeding on behalf of the child, with no conflicting interest. For example in the instant you were the driver of a vehicle in which the child was injured and there was a question to whether you bear some of the blame of the injury, you would be unable to be the litigation friend in this circumstance. 

The litigation friend must also undertake to the court that they will pay any costs the child is ordered to pay in connection with court proceedings (these can be reimbursed from child’s assets).

 

Getting help claiming on behalf your child:

Parents or guardians debating making a claim for their child’s injury should seek competent, professional and sympathetic advice. Levi Solicitors personal injury team will advise on your child’s accident claim and discuss all obligations associated with acting as a litigation friend.

Call us today and we can answer any questions you have about personal injury claims on behalf of your child and be there for you throughout the process. Free, no obligation case assessment with our highly experienced personal injury claim experts. 0113 244 9931