Free Supermarket Accident Claim Assessment Free Supermarket Accident Claim Assessment

Claim for a Child Knocked Down by a Car

Can I claim for a child knocked down by a car or do I have to wait until my child reaches adulthood?

It is possible to claim for a child knocked down by a car, and although you do not have to wait until your child reaches adulthood to allow them to initiate their own claim, you do have the option. As the law prevents a minor (anyone under the age of eighteen) from legally instructing a solicitor or proceeding with a claim on their own behalf, it is up to you whether or not you want to proceed with a claim.

If you do choose to seek compensation for an injured child now, your child will have to be represented by an adult who can act on their behalf – known as a “Litigation Friend”. This is usually a parent/guardian and cannot be someone with a conflict of interest in the claim, e.g. be the person responsible for the injuries. The person must also be willing to accept any costs incurred because of from the claim.

Before being able to pursue children’s compensation claims you must be able to prove that someone other than your child was at least partly responsible for their injuries. Road users are said to owe each other a ‘duty of care’ – a responsibility to ensure the safety of other road users, including children. If you are able to prove that a road user – most likely the person who hit your child with their car – failed in their ‘duty of care’, you may be able to pursue a claim for a child knocked down by a car.

In order to be able to access damages through children’s compensation claims, you may need to prove that someone other than yourself was at least partly responsible for your child’s injuries. To do this you may need to gather evidence: CCTV footage, witness statements, photographs of your child’s injury and the scene, and a police report may be available to add substance to your claim for compensation for an injured child. As memories tend to fade over years and paperwork and video become more difficult to retrieve, it is always best to begin collecting evidence immediately after an accident has occurred.

You should know that even though the law allows you to wait until your child reaches eighteen years of age to allow them to pursue children’s compensation claims on their own, once your child reaches eighteen years of age the three-year time limit imposed by the Statute of Limitations comes into effect. At this point your child will have until their twenty-first birthday to pursue compensation for an injured child.

To learn more about the pitfalls which the three-year time limit imposed by the Statute of Limitations can present, speak with a personal injury claims solicitor. Pursuing a claim for a child knocked down by a car can be made much easier with the assistance of a personal injury claims solicitor, who will be able to provide you with all of the information you need about pursuing a claim on behalf of your child.