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Making a claim for a child or vulnerable adult

The brain injury and spinal injury solicitors at Leigh Day are often approached by family members about bringing a claim on behalf of a seriously injured child.  If your baby or child has been injured because of someone else’s negligence you may be able to bring a claim for compensation on behalf of your child.  Similarly, a person without mental capacity, that is someone who is unable to make important decisions for themselves, can have a claim made for them by family members.  A vulnerable adult without capacity is known legally as a ‘Protected Person’.

Time limits

If you are the parent or guardian of an injured baby of child you can bring a claim on behalf of that child at any stage before their 21st birthday for injuries that happened before they were 18.  Leigh Day brain and spinal injury lawyers have successfully obtained many millions of pounds of compensation for seriously injured babies and children, and are highly experienced at dealing with families who are facing extreme challenges as they adapt to life with an injured child.

For Protected Persons Court proceedings must be issued within three years from the date when the person regained mental capacity. If the protected person never becomes sufficiently mentally able to bring proceedings for himself, there is no time limit for bringing a claim.

The law about time limits for bringing claims is complex especially for ‘persons under a disability’. Specialist legal advice should always be sought.

Litigation friend

An injured child or protected party needs another person called a ‘litigation friend’ to instruct a solicitor to conduct court proceedings on their behalf. Our brain and spinal injury lawyers have many years’ experience of working with litigation friends to achieve a successful outcome for their clients. If a parent is not able to take on the role of litigation friend the Official Solicitor may be appointed.  A litigation friend should have no personal interest or conflict of interest in the claim for compensation.

The Court must approve any compensation that is agreed on behalf of a child or protected person.

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