It is the duty and right of parents or guardians to seek accountability and compensation for the harm and suffering suffered by their injured child. Below are a few common inquiries and answers to help you understand the legal system. Contact Bruce Law LLC for more information.
How can you bring a personal injury claim on behalf of a child?
Most clinical negligence and personal injury cases have a strict three-year statute of limitations. It means the plaintiff has three years to file a claim from the day of the injury or from when they learned about the damage.
Child claims function under an individual statute of limitations. A personal injury claim can be made as soon as an injury occurs or at any point up until the kid becomes eighteen. Until the child turns 18, there will not be a deadline for the claim.
A child gets three years from the time they turn 18 to begin their injury claim if their parent has not yet done so on their behalf. In other words, the child has until they become 21 to file a claim.
Selecting a litigation friend
A person under the age of eighteen must choose a litigation friend in place of pursuing a personal injury claim. This person will give directions to a lawyer and manage the claim submission on their behalf. If a child turns eighteen during the proceedings, their role as a litigation friend ends.
A parent or guardian will often be the friend in court. A litigation friend needs to be neutral and capable of fighting for the child’s best interests. This means that if you are either entirely or partially responsible for a child’s injuries, you cannot support them in trial.
What responsibilities does the litigation friend have?
Although the claim often receives funding on a “no win, no fee” basis, they also offer to pay any required legal costs on behalf of the child and are available to help them during the court proceedings. The child’s rights are respected, and the litigation friend safeguards their best interests throughout the proceedings. The litigation friend must make sure the child receives the most outstanding possible care.
What steps should you take immediately if your child is hurt?
- Get your child medical help as soon as possible.
- Notify the person in charge of the accident.
- Keep a record of the accident’s details and ensure that photos of the scene and the child’s injuries are taken.
- If any witnesses were there when the accident occurred, get their contact details.
How is the settlement for the child approved?
A minor’s (those under the age of eighteen) settlement needs approval from the court to make sure that the kid has received proper reimbursement for their losses and injuries and that the settlement is in their best interests. This type of hearing is known as a settlement approval hearing or infant approval hearing. The court will assess the settlement’s fairness and the distribution or management of the money.
How is money granted for settlements managed?
The settlement transactions are often deposited into the Court Transactions Office under court orders. This means that until the child turns 18 years old, the funds are kept in a court account (in which interest will accrue) and cannot be released to the youngster. If appropriate, the court might consent to transfer the money to a bank account or locked ISA that the parents or guardians have set up, which the kid cannot access until they become eighteen.
Can the child access the funds before turning eighteen?
If the money is needed for anything that will help the child with their medical expenses or for another legitimate reason, like schooling, you should ask the court to release the cash.
