Many people may be unaware that where a child has had an accident they generally have until the age of 21 within which to bring a claim. Where an adult has had an accident usually an adult must issue proceedings in Court within three years from the date of the accident if their claim has not already been settled. Therefore your child or even you yourself if you have had a serious accident during your childhood and you have not as yet reached the age of 21 can still bring a claim.
Where a child is a Claimant under the age of 18 they need a “litigation friend†to help them bring the claim. Usually this is one of their parents. Any settlement of a child’s claim will also require Court approval so that the Court may confirm that the settlement is fair. The compensation money will also have to be paid into Court and invested for the child until the child reaches the age of 18. It is possible to apply for a payment out from the compensation money before this if some important need can be shown, such as a payment for medical or educational need.
Where a child has been injured in a car accident and the accident is due to the negligence driving of the child’s parent, the child may still bring a claim through their other parent against the insurance company of the parent who was driving.