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As the parent or guardian, know as a “Litigation Friend” of an injured child can make a claim for compensation for injuries on the child’s behalf providing that the child is under 18 years of age providing there is no conflict of interest. Therefore if a child was injured as a passenger in a car driven by the child’s mother who was to blame for the accident, the mother could not be classed as the “litigation friend.” In addition to injuy compensation the solicitor will also claim for all out of pocket expenses and losses caused as a result of the accident.
In these circumstances the Father or another responsible adult such as the grandmother or other close relative must act on behalf of the child.
Responsibility of the Child’s Litigation Friend
When the child’s solicitors issue court proceedings (if no settlement can be agreed) the Court documents will be headed in the child’s name and the name of the Litigation Friend. The heading will also state the relationship with the injured child. There is a further form that the litigation friend must complete a form to state that there is no conflict of interest between the child and the adult in taking legal action for accident and injury compensation. See HMCourt-Service Web Site: which provides a downloadable form from the Court Service web site – title name FORM FP9.
For further information on the Court’s Powers concerning Litigation Friends and Court Approval of compensation for a child’s injury claim see the Civil Procedural Rules under Part 21.
Relevant Child Injury Accident Solicitor Claim Links
For information on what can be claimed see What Can Be Claimed Page