Any person, including a minor, can receive compensation for an accident. The compensation process is conducted by a Litigation Friend. This is a person who will deal with the case on behalf of the child, e.g. a legal guardian, a family member. The Litigation friend will go to the medical examination meeting with the child to talk about the child’s injuries and, if necessary will attend an “Infant Approval Hearing” to confirm any settlement with the Court
This is a short court hearing to confirm the amount of compensation is correct for the child. The minors are protected by law and the Court must ensure that the injured party does not less than they should. The child will attend the hearing with a litigation friend, a lawyer and an interpreter if one is needed. After the judgment, the compensation is usually paid to a special account held by the court until the child turns 18 years old (or a successful application is make to release some monies required for the child)
Insurers may agree to pay compensation in two ways:
1. To the Litigation Friend for the child’s benefit, if the Litigation Friend agrees they will be responsible for the monies on their behalf
2. They can pay compensation to the Court’s account.
If the child compensation is paid to the Court’s account, the child will have access to funds after the age of 18 or earlier for special needs. Whether or not the monies can be paid directly to the Litigation friend or not depends on whether the insurance company is agreeable to this in the circumstances.
Examples of Our Work
We have succesfully acquired damages and compensation for: