Q. The summer before last, my seven-year-old was involved in a car accident. She was quite badly injured, breaking her leg. She had to spend a few days in hospital, underwent two operations, and spent a lot of time in a cast and rehabilitation. Thankfully nothing will effect her as she grows, but she was still very traumatised and I worry that she has lost a lot of confidence. We are worried the insurance company are going to make an offer that will not be to the value of her injuries. There are a lot of costs that we need to take care of, we didn’t have health insurance, but we wanted to make sure that she got the best care. We are worried too about the solicitors’ costs, we simply do not have the funds to engage. How can we go about getting the best for our daughter?
Dear Reader,
In any personal injuries matter, it is vitally important that you obtain a medical report. We would imagine that a report can be obtained from your daughter’s orthopedic surgeon. When it comes to psychological effects of the injuries, a report should be obtained from a relevant child psychologist or psychiatrist. You should speak to your GP as regards referrals.
An adult generally has two years from the date of the incident to make a claim for personal injuries. However, for children that particular clock does not begin to ‘tick’ until they become an adult, i.e. the time starts when they turn 18 and runs until their 20th birthday.
When taking any case that involves a minor, you may act as a ‘Next Friend’, which is someone who instructs a solicitor to take all necessary steps in order to move the case forward, including taking up engineers reports (if the insurance company does not admit their insured was at fault), medical reports, etc.
For cases involving children, any potential settlement of the case must be approved by the court. They would require up to date medical reports to cover all aspects of the injuries.
If a judge feels that an offer falls short of the appropriate amount, they can reject such settlement offers.
Any award or settlement as approved by the court is lodged with the Court Services until such time as your daughter turns 18. Generally speaking, the award would also include any sums paid by you in relation to your daughter’s medical care, which would be refunded to you. The court might also allow payment of a sum now to cover other necessary future medical expenses.
Generally speaking, solicitors’ fees for minor plaintiffs are dealt with by the insurance company. We would strongly advise you to immediately contact your solicitor to deal with the matter to ensure that the best possible outcome can be obtained for your daughter.
