Car accident and Child Injury

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Car accidents and child injury and whiplash
Children are often traveling in cars as passengers. If they have been a passenger in a car which has been involved in an raod accident they are entitled to make a child car accident claim. As the child will be under 18 they will need a responsible person to claim on their behalf which is usually the parent or guardian.

How a child car accident claim is brought to Solicitors

The responsible person to bring a child car accident claim for injury is called a “litigation friend”. The litigation friend’s duty is to act in the best interest of the child. The litigation friend has until the child is 18 years old to make a child injury compensation claim. When the child turns 18, the Child can act in their own right and no longer needs to act through the litigation friend.

In this regard the ‘child’ has until their 18th birthday to bring a child car accident claim. If court proceedings are not issued before the child’s 21st birthday they will lose the right to bring a child injury claim.

Who to sue in a child road accident claim?
The obvious answer is the person who caused the child accident whiplash injury claim In most cases this is straight forward. Solicitors use the word “negligence” to mean fault. However what is common is that the person driving the car or van is the parent who may be at fault for the child car accident claim.

If this is the case the parent or guardian who is at fault for the road accident cannot be used as the litigation friend as there will now be a conflict of interest between the child and the parent or guardian. This is because as the litigation friend has to act in the best interest of the child at all times and if the child has to sue the parent for the car accident, there is a conflict. The car accident claim solicitors will need to request the parent to obtain another responsible adult who will represent the child for instance the child’s father, mother, auntie, uncle or grandparents.

Child injuries and whiplash claims
A child who has been involved in a car accident and suffered from a child injury, (physical and well as psychological) can claim compensation in their own right through the litigation friend as detailed above. If you require any advice or assistance to make a child car accident claim contact us now for independent solicitor advice.