Can a Minor Make a Personal Injury Claim?

If your child has been involved in a road traffic accident that wasn’t their fault, you may be wondering if they are entitled to claim compensation.

In fact, it is possible for a person to claim compensation at any age – however, they would require an adult, such as their parent or guardian, to act as their litigation friend. As a litigation friend, you will sign all paperwork and make decisions on behalf of the minor in question. However, as the claimant is under 18, any settlement that is put forward must be approved by a court.

If the child is turning 18 in less than three years, they may wish to consider waiting, in order to pursue the claim themselves, however, where possible, it is preferable to pursue a claim as soon as possible following an accident. This is because the accident will be fresher in the minds of all parties involved, as it may be easier to obtain facts relating to the case than it would be months or even years down the line.

It is also beneficial to make a compensation claim as soon as possible, in order to ensure that your child gets access to a medical assessment, and, for example, physiotherapy to assist with their recovery. The cost of this would be recovered without cost to you, as we would recover the cost from the insurance of the at-fault party.

If you are thinking of making a personal injury claim on behalf of a child, our team of legal experts can advise you on how to proceed. Contact Winn Solicitors 24/7 on 0800 988 6288, or use Live Chat to speak to an advisor (available 7am - 7pm seven days a week).

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