Making a claim for personal injury on behalf of a child
When dealing with a personal injury claim on behalf of a child as their “litigation friend” there is a way for you to deal direct with the defendant organisation and if liability is accepted this can be dealt with by way of Parental Indemnity.
However according to the Civil Procedure Rules the correct way is to deal with such matters by way of court approval – Often knows as an infant approval hearing.
Under r. 21.10 (1) of the Civil Procedure Rules it states that;
“no settlement, compromise or payment (including any voluntary interim payment) and no acceptance of money paid into court shall be valid, so far as it relates to the claim by, on behalf of or against the child or protected party, without the approval of the court.”
The benefits of this are that the Judge at the hearing will ensure that your child’s medical reports are fully completed and that the level of compensation is correct.
More importantly the judge will also take the compensation award and invest it into the court until your child reaches the age of 18 and can then receive the award at a perceived age of being sensible enough to spend the money in a wise fashion.
Whilst parental indemnity is an option to deal with the matter, having approval by the court will then exonerate you as the parent of the child of any future problems should your child’s claim have been dealt with in an improper manner, such as the compensation being miss spent. Together with your childs award being invested for them until they reach age of maturity.
Should you wish to seek further advice on claiming on behalf of a minor please visit your local Citizens Advice Bureau or look for relevant legal representation on the Law Society website.
