Injuries to Children/Infants
Frequently children and young people under the age of 18 are involved in accidents. As they are not legally adults they cannot carry on a court case or personal injury claim on their own. This does not exclude them from claiming.
Their case is usually carried on by a parent or relative who is referred to in legal terms as their “next friend”.
The case is then run like a normal case with the difference being that any settlement must be approved by a judge before it is finalised. This is an important safeguard.
The judge will hear a broad outline of the case, look at the medical reports and the compensation offered and usually will approve the settlement. Sometimes they do not approve and it might be necessary to renegotiate for a higher amount.
Any compensation awarded is lodged in court until the claimant is 18. They can then claim the money in their own right.
In the interim if there is a need to withdraw funds for a specific purpose, e.g. for educational needs, an application can be made to court for release of some of the funds.
Great care needs to be taken when processing a case like this. We have dealt with many of these claims and would be happy to advise you.