Claims On behalf Of Children & Protected Persons

Road accidents and occasionally medical mistakes, can cause catastrophic damage to both children and adults. If the person concerned is either too young or mentally incapable of bringing an action for damages, the law allows for fair compensation to be applied for.

By law, it is not possible for certain categories of people to bring a claim on their own. These categories are:

People in both these categories will need another person, known as a Litigation friend (LF), to instruct solicitors on their behalf.

In most instances, parents or a relative will act as a “Litigation Friend”, but where this is not possible or appropriate, a professional LF may be appointed. The “Litigation Friend” is required by law to act competently and fairly, take all decisions and have no personal interest in the claim.

Time limits

A claim for compensation for personal injury must usually be issued within 3 years of the accident, however there are exceptions and children and Protected Parties fall into that category.

For children, the time limit is three years past their 18th birthday. If, for example, someone born on 1st January 2000 had an accident in 2005, they would have until 31st December 2021 to make a claim.

For a Protected Party, they would have 3 years from the time that they were no longer disabled to make a claim. If however the person never becomes mentally able to start proceedings themselves, there is no time limit for commencing the claim.

Award of damages to children

With damages for a personal injury, whether agreed in negotiation between the parties or by a judge at trial, the Court has to approve the settlement on behalf of the child to ensure that it is reasonable and proper. Once the judge has gone through the papers, asked any relevant questions and is satisfied with the award, he will make an order approving it on behalf of the child.

Where the amount paid is of significant value, the money will remain in Court and be managed for the child.

The money retained by the court will be invested and payments will be made to the child as requested by the LF if the court thinks appropriate.

If the child is capable of managing their affairs on reaching 18, the court will transfer all funds to them.

Protected Persons

The court will also have to approve any settlement and also decide if the person is a “Protected Beneficiary”. This is someone who is incapable of handling their affairs due to a mental disorder.

If they do decide, on medical evidence, that the person is a Protected Beneficiary and the award is in excess of £30,000, the court will order the LF to apply to the Court of Protection to appoint a Deputy to look after their financial affairs.

Funding your claim

We offer a full range of funding options including “No Win, No fee”, whereby you do not have to pay any upfront costs and there is nothing to pay should you lose the case.

Please click here for full details of all funding options.

What Thomas Dunton can do for you

At Thomas Dunton we have a dedicated team of specialist Personal Injury lawyers ready to help you.

Please click here to view 10 reasons why Thomas Dunton are ideally suited to represent you including full details of our free one hour interview where we can discuss you case, without obligation, and advise you on the best course of action to take.

For more information or to book your free appointment, please call 01689 822554 or Freephone 0800 146340. Alternatively, please complete the enquiry form on this page and we will respond within 24 hours.

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What our clients say about us:

  • “He always made us feel like we were his most important clients. He provided a fast and professional service with a politeness and discretion that is second to none. We cannot recommend Mr Sardo more highly”.

  • “Thank you for all your hard work. You have been amazing. I will forever be thankful that you were my solicitor.”

  • “Vernon Hadida is by far the best solicitor I have ever dealt with.”

  • “Extremely satisfied with the service which I considered excellent value for money.”

  • “I was very happy with the service. I was always able to speak to somebody that could help me when I telephoned.”

  • “Consistently efficient and vigorous in his application, always acheiving excellent outcomes.”

  • “Extremely fast and professional service with a politeness and discretion that is second to none.”

  • “We will not hesitate to recommend Mr Sardo to anyone wishing to pursue a claim.”

  • “Thank you for all your work on my claim. I am extremely grateful for your assistance.”

  • “Thomas Dunton exceeded my expectations in terms of both service quality and value for money.”

  • I would like to thank Mr Sardo for his help and I would come back to Thomas Dunton if I need a solicitor’s advice again.      30th January 2014

  • Thank you very much for your endeavours for making this all happen and come together – I now feel I can carry on with my life. April 2016

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