Infant Approval Hearing -v- Parental Indemnity Agreement
In this article we answer a site visitor’s online question concerning how to settle a child’s claim by way of infant approval hearing as compared. We explain the need to use the court to conclude a personal injury claim on behalf of a child and why a parental indemnity agreement should be avoided.
Infant approval hearing question
Just a question about my granddaughter’s claim. She is a minor and I have heard that a kid’s claim has to go to court for infant approval hearing for Judge to decide if the amount for the compensation is fair. I have also heard that a kid’s claim can also be settled by way of parental indemnity where a parent or guardian signs the form releasing all the parties from any future liability.
My question is, what are the legal bindings in terms of does that claim has to go to court? Who gets to decide how the claim is to be settled? parent/guardian or the third-party insurance company and under what guidelines a parent/guardian gets to decide on how a claim is settled. Thanks
Child Accident Solicitors response
Your granddaughter’s claim must be settled by way of infant approval hearing (also known as a minor settlement hearing). The court, acting in the interest of the child, decides whether the compensation payment is sufficient and ensures the child’s compensation are retained in the Court Funds Office until the child is 18 years of age.
Parental indemnity was once used in England 20 years or so ago, but it was found that such agreements to conclude a personal injury claim were inappropriate and were often being challenged – hence the requirement now that the court must approve the settlement.
We have several detailed articles on this point that you might find of interest – including the child compensation process, parental indemnity in road accidents and paying compensation for children following a fatal accident.
Specialist solicitor help with child claims
The best way to proceed with a compensation claim for children is to use a personal injury solicitor. The majority of the costs for the solicitor, including that of the infant approval hearing, can be claimed in addition to a child’s compensation payout.
We offer a number of free specialist solicitor help options, to help the family of children considering a claim – including having a child’s claim assessed or speaking to a specialist solicitor free of charge.