Clohessy Minihane Solicitors have represented children and their parents in a number of personal injury cases where the child has suffered a serious injury. Because children are vulnerable and do not have the legal capacity to make legal decisions for themselves there are numerous safeguards built into the legal system to ensure that the child's best interests are looked after in the litigation process. A child will be represented in the court proceedings by a parent or guardian who will be called a next friend. Before a case can be concluded a Judge will have to approve the compensation for the child. Prior to doing so the Judge will have the benefit of a written opinion from a barrister on the level of compensation. This mechanism ensures that there is a critical and independent adjudication of the award for the child's benefit.
Furthermore the child's compensation is paid into court where is it retained by the court for the benefit of the child until the child is aged 18 when it is then paid out to the child. The Court has discretion to direct payment out of some of the child's funds prior to the child reaching the age of 18. Generally, money paid out is for a particular expense of the child such as a particular medical treatment or a school trip or event.
If your child has suffered an injury in an accident please contact us for an early consultation to discuss the claim.