We can give you a very short answer to the question, “Can I claim on behalf of my young child?” Yes, you can. At Accident Advice Helpline we know how important injury compensation is for the people who are injured through no fault of their own. Unfortunately, hundreds of individuals responsible for serious accidents are not held accountable for their actions and this is only because their victims remain silent. But things are different when the victim is an innocent child, especially your child.
Who can claim on behalf of a child?
Under UK law, two people have the right to claim compensation on behalf of a child: the parent or the guardian. Also referred to as “litigation friend,” the parent or the guardian is usually appointed to represent the best interests of a child in a court of law. This means that if you are claiming compensation on behalf of your child you must be able to conduct the legal proceedings competently.
Additionally, you have to demonstrate that there are no conflicts of interest in acting on behalf your child. As a parent or guardian, you cannot represent your child if you are deemed responsible for the accident in which he or she was injured. It is also important to know that you must cover any costs that the child is ordered to pay for court proceedings.
Any injury compensation claim must include a comprehensive medical report, details about the accident, and contact information of any eyewitnesses.
In what circumstances can you claim compensation for your injured child?
You can make a compensation claim on behalf of your child if he or she is under 18 years of age and has been injured in:
- A road accident as a passenger, cyclist or pedestrian – to be certain that your child is entitled to compensation you need to prove that someone else was responsible for the accident. You should take the name, telephone number and address of any passer-by who is willing to support your case
- An accident at nursery or school – if you child has suffered an injury whilst at school, due to poorly maintained equipment or footpath, for example, you are entitled to make a compensation claim
- An accident on holiday – if your child has been injured whilst on holiday, you should immediately report the accident to the travel representative, if there is one; make a note of the circumstances relating to the accident and take the personal details of eyewitnesses. If you intend to claim prescription costs, doctor fees and travelling expenses, be sure to keep any receipts
- An accident in a public place – if your child was involved in an accident inside a public building you can claim against the owner’s insurance company, if the accident was caused by his or her negligence.
“Can I claim on behalf of my young child?” is a question no parent wants to ask, but if he or she has been injured as the result of someone else’s actions and you would like to find out more about your entitlement to make a claim for compensation, you should contact us by calling our toll free number 0800 689 0500. One of our experienced solicitors is ready to ensure you receive compensation for your child’s suffering.
Date Published: October 16, 2013
Author: David Brown