Children’s Personal Injury Claims – Special Rules

This is the second most common cause of children’s death after Sudden Infantile Death Syndrome (SIDS) and is the major cause of disability and ill-health. The risk of accidental injury increases as the child grows Incident Investigation Techniques and becomes more mobile. They include accidents as a result of motor vehicles accidents, defective playground equipment, poorly protected building and building sites, school accidents as well as defective toys.
Personal injury claims can be made as a result of accidental injuries suffered by children. If this is the case, a litigation friend, mostly but not necessarily the parent, is selected by the court or a solicitor to make the claim on behalf of the child. They must act in accordance to the interest of the child and have no interest in the compensation claim. The court treats the child differently Workers Compensation Vs No Fault as it considers him or her as not having similar mental capacity as an adult to understand the impact or danger of the situation. They are therefore treated in a manner that is expected as a child. Just like other personal injury cases, cases involving children have a time limit of three years but unlike them the limitation period starts to run after the child has reached 18 years.
Courts must approve any compensation claims made in a personal injury case involving children. These approvals are made after all medical evidence, details of financial losses as well as advice from lawyers or barristers are considered. Meeting the child is also another step before any approval. After the approval, the compensation is invested in court funds and earns interest until the child is eighteen when it will be released after confirmation of birth certificate and copy of order with the compensation details by the court. In special cases the compensation money may be released if the court is convinced that the child is in immediate need of the money and that the money will only be of benefit to the child.

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