Compensation for an accident that happened to a child in the UK
We are often faced with questions regarding compensation for the involvement of a child or a minor in an accident. Any person who is under 18 years of age may apply for compensation. In this situation, a parent or a legal guardian can act on the child's behalf.
By making the assumption that not in all cases the symptoms of an injury show immediately after an accident – the role of the parent is to monitor the state of the child whether in short intervals of time the minor has health issues, such as: irritability, increased frequency of crying associated with the response to pain, sleep problems (this applies especially in the case of small children, who cannot tell us what is wrong with them).
The opposing party shall decide how the payment of the compensation will take place. You, as parents or guardians, are unable to alter the method of payment. Often in such cases, the insurer of the person who caused the accident attempts to establish the form and amount of compensation for the child in accordance with the principle of the Court Approval (the process of proving in court the actual injury of a minor in relation to claims for damages, on the basis of which the court indicates the amount of compensation for a minor – the payment of the compensation amount is transferred to a specially created account to which the child will have access only upon reaching the age of 18.
There are also situations where a person that takes care of a child can obtain compensation under the principle of Parental Indemnity – in this case the insurance company denies any obligations to the amount of compensation paid and in case of future claims of a minor the entire responsibility is borne by the parents. In addition, a minor when he/she reaches the age of 18, in accordance with the British law, can file a lawsuit for “negligence”.