Archive for the ‘Child Accident Claims’ Category

Should Child’s Compensation Always Be Paid Into Court Funds Office?

Tuesday, November 5th, 2013

Find out why a child’s compensation should always be retained by the courts fund office and not by the litigation friend or parents of the child

Child compensation question

My daughter was in a road traffic accident and I acted as a litigation friend in her claim.

An offer has been made and my solicitor has advised that we should accept so I just wanted to know if my kid’s compensation money has to go into a court fund?

Can’t the litigation friend (parents) have it put into their account because at the end of the day the money is for child’s use – for example nowadays parents that are on benefits can’t afford certain stuff and schools are requesting parent to get computers ( laptops) and other educational appliances for their kids.

Child accident claim solicitor response

Compensation monies awarded on behalf of a child should always be paid into the courts fund office and retained there until the child reaches the age of 18 years at which stage your daughter will be considered by the law as an adult and have the right to access her compensation monies.

A litigation friend can make a request at a minor settlement hearing (infant approval hearing) that some monies be released for educational needs of the child, which might include the purchase of a computer.

The court will make its decision based on the evidence presented, but as computers are generally available at schools these days it is ever more unlikely that funds will be released.

You must remember that compensation monies belong to the child and a litigation friend merely provides instructions on behalf of a child to allow a claim to be made.

The parents should not have any control of the money as mistakes can be made.

Until that child is 18 years of age the law considers the child will not be sufficiently responsible to decide how to spend the monies correctly.

Fatal Pedestrian RTA: Killed On Zebra Crossing By Drunk Motorcyclist

Thursday, August 15th, 2013

UK fatal accident RTA solicitor explains how to claim compensation following the death of a child in a pedestrian RTA following a collision with a drunk motor cycle driver

Pedestrian RTA victim question

My 15-year-old son was crossing at a zebra crossing. Cars had stopped to let him pass and he was almost to the other side of the road when a motorcycle came at speed close to the kerb undertaking the stationary car and hit my son.

He suffered severe head injuries and was pronounced dead in the early hours of the morning. The motor bike driver is being prosecuted following a police investigation as he was found to be over the legal limit for alcohol and was classed as a drunk driver. We have also been informed that he was speeding and did not have a policy of motor insurance in place.

My wife and I are devastated and wish to know whether there is any form of compensation we can claim for our loss – presumably as the motorcyclist was not insured we would have no one to claim against?

Fatal RTA solicitor response

As your son was under the age of 18 years he was considered by law as a minor and as such, under the Fatal Accidents Act, both you and your wife as his parents would be entitled to claim compensation for your loss, which would include a bereavement loss and funeral expenses.

To see the page I have written explaining what can be claimed in the event of a fatality in an accident click fatal accident claim.

The fact that the motorcyclist was not insured will not prevent a claim as the Motor Insurers Bureau (known as the MIB) will pay out compensation for accidents involving uninsured motor vehicles including motor bikes.

To see the page I have written explaining how the Motor Insurers Bureau operates to meet claims for uninsured and untraced drivers – click Motor Insurers Bureau RTA Claims.

Making a claim for a fatal RTA

If you would like to commence a claim or discuss your son’s fatal accident with me in person free of charge click fatal pedestrian RTA compensation claim solicitor.

Child Compensation Claim: Settlement Court Hearing Parental Indemnity

Sunday, October 16th, 2011

UK solicitor explains the procedure for settling a child’s road traffic accident claim using a minor settlement court hearing or a parental indemnity form and when a child can access the compensation

Road traffic accident victim question

I was involved in a serious road traffic accident as a passenger when I was 10 years old. My mother made the claim on my behalf and when I was 13 years old my claim was settled in the sum of £15, 000.

I did not attend court and I am approaching the age of 18 years.

How will I receive my compensation?

Personal injury solicitor response

A claim on behalf of a minor (person under the age of 18 years) must involve a litigation friend – who is an adult providing instructions on behalf of the child. In your road traffic accident claim it seems that your mother was the litigation friend.

Any settlement for a minor should be authorised by the court in a minor settlement hearing. The judge will look at the medical evidence and a barrister’s opinion on quantum obtained by your solicitor (this opinion will refer to case law to show how much your claim is worth) to decide if the compensation is at a sufficient level. If the judge is satisfied the monies should be paid into the court’s fund office until the child reaches the age of 18 years at which stage the full sum plus accumulated interest will be made available.

Sums of money in the court’s fund office attract higher interest levels as monies from many Claimants are pooled together.

In my experience – the court likes to ensure that the child is in attendance at the court hearing.

Another approach is known as parental indemnity. With such an approach the litigation friend parent – signs an agreement with the solicitor that compensation monies will be held on behalf of the child until the age of 18 years. Here the court is not used – but although some solicitors take this approach it is strictly speaking unsuitable as the court should be involved as described earlier. If a solicitor has adopted this approach and as a result you do not receive your compensation you might have a negligence claim against the solicitor.

You mother will no doubt have all the details as will the solicitor who acted in the RTA claim and when you are an adult you would be entitled to view the file of papers to satisfy your curiosity and ensure all is in order.