Litigation Friend
In the case of children’s accident claims, and this will include anyone under the age of 18 years, someone responsible is appointed to pursue the claim on their behalf. This person is known as the litigation friend.
The litigation friend is usually a parent or guardian, although it is not unknown for someone unrelated, but connected in some other way, to take on this role. The person appointed as litigation friend should have no interest in the outcome of the claim. For example, if a parent of the child was to blame for the accident, perhaps as the driver of a car involved in an RTA, they would not be allowed to be the child’s litigation friend.
The litigation friend has to be approved by the Court, which is rarely a problem, and is obliged to act in the child’s best interests at all times.
Apart from the need for a litigation friend, children’s accident claims are pursued in exactly the same way as a claim for an adult. However, at the end of the claim, when it is ready to be settled, a child’s accident claim differs in the following way from that of an adult’s claim.
Infant Settlement Hearing
If the claim is going to be settled before the child reaches 18 years of age it will be necessary to ask the court to consider and approve the settlement of the claim at a short hearing called an Infant Settlement Approval Hearing.
The Infant Settlement Approval Hearing takes place at a local court and is necessary for all children’s accident claims that are going to be settled for under 18’s. The purpose of the hearing is to ensure that the amount being awarded to the child is adequate compensation for the injuries they have sustained.
The hearing is short and informal and nothing to worry about. It is held in a small room with everyone involved sat in a relaxed atmosphere around a table. The child will attend with their litigation friend and legal representative.
The Judge will have already looked through the papers prior to the hearing to gain an understanding of the accident and the injuries the child has suffered. During an informal chat the Judge will find out about the child’s recovery and whether they are still suffering any symptoms. Following this he will reach a decision as to whether the settlement is approved.
If the amount awarded is approved the Judge will explain to the child and their litigation friend how the money will be invested by the court until the child reaches their 18th birthday.
The Compensation Award
The reason the compensation is invested until the child is 18 years of age is that the courts recognise that before then they are unlikely to be mature and responsible enough to make a wise decision on what to do with the money.
However, if some of the money is required to purchase something that will be beneficial to the child, such as equipment for advancement of their education, this may be permitted by the Judge. This is something that should be raised on the day in court.
