Claims on behalf of children

A person under the age of 18 years cannot bring a claim for compensation themselves as they are deemed by the law to lack the capacity to issue court proceedings.

They therefore require an adult, usually a parent, to act on their behalf as their 'litigation friend'. It is the duty of the litigation friend to provide instructions in the child's best interests. 

Adult claimants must issue court proceedings within three years of the date of the medical error or, if later, the date they reasonably became aware that a medical error may have been made.

Children under the age of 18 years have three years from the date of their 18th birthday before a claim must either be settled or issued at court. 

However delay can seriously hinder the investigation of a case and we therefore strongly recommend that cases involving children are investigated immediately. It should also be emphasised that these rules do not effect those who, irrespective of their age, lack the mental capacity to instruct a lawyer.

We have successfully recovered damages for clients well in to adult life who were catastrophically injured as a result of errors made shortly after or even before their birth.

Any proposed settlement of the case of a child must be approved by the court. Normally both the child and litigation friend are required to attend the hearing with the child's lawyer who explains the case and the proposed settlement to the judge.

The judge will look very carefully at the medical evidence and, if approved, will make an order giving effect to the terms of the settlement.

Usually the child's damages are then invested by the court and released to the child on their 18th birthday, although some money may be released immediately to meet any urgent needs and to repay the child's parents for any losses they have incurred as a result of the child's injuries.

Our Court of Protection team has experience in managing the affairs of those who lack capacity.

Click here to view details of a recent case which received substantial media coverage, involving the settlement in excess of £6 million on behalf of a brain injury infant. Fiona Mills, who represented the family in the case, was featured in The Law Society Gazette.

For further information please contact one of the team. Alternatively please click here to complete a short enquiry form so we can assess your claim.