Moffat & Co Solicitors

Moffat & Co Solicitors
Accident Compensation Claim Solicitors Scotland
PO Box 28287
Edinburgh
Scotland
EH9 2WU
Telephone:
0131 662 6988
Fax:
0131 667 8175

MASS Motor Accident Solicitors Society

Moffat & Co Solicitors Over 25 years of experience at your service

Child Accident Claims Scotland

How Long After a Child’s Accident Can You Claim for Compensation?

According to figures released by the Office for National Statistics, approximately one million children are injured each year in accidents. These figures include road traffic accidents, incidents in the school playground and in public parks. Many parents and carers might be unaware that they are able to make a compensation claim on behalf of their child, but there are certain regulations to be observed.

Accidents involving children can not only have a significant impact on the life of the child, but they can also have a profound effect on the rest of the family. Rather than being a frivolous way of making easy money, compensation is used to help child victims and their carers to rebuild their lives in the aftermath of an accident. While many accidents are trips and falls with comparatively minor consequences, most of the major payouts come from medical negligence claims in maternity wards. These incidences can have lifelong, devastating effects.

Becoming a ‘Litigation Friend’

Parents or guardians of children have the right to make compensation claims on a child’s behalf. In order to do so, they must be an impartial party, meaning that they must have had no part in the accident. For example, if a child’s father has a road traffic accident in which the child is involved, he cannot be considered as impartial. However, another member of the family who was not involved in the accident can. Once a representative for the child has been established, they become known in legal terms as a ‘litigation friend’.

A litigation friend is there to represent the child and protect their rights. To further protect their interests, there are strict laws regarding the paying of compensation. Often, it will be used to ensure medical treatment for injuries or, in some cases, it will be paid into a trust that can only be accessed by the child when he or she is older. There have been well-documented cases in the past where unscrupulous parents or guardians have tried to exploit their child’s misfortune for financial gain. As a result, the laws have been tightened to prevent this.

In the case of adult compensation claims, the victim usually has three years in which to launch a case. However, the rules for child compensation are different. The law states that if a child is the victim of an accident before they reach the age of 18, the three-year limit does not commence until the child’s 18th birthday. This is because injuries sustained in childhood may not affect the child until later in life. There needs to be adequate time allowed to determine the long-term effects of any accident and this, in turn, will help to determine just how much compensation is appropriate. However, there are possible circumstances in which a child can launch a compensation claim after their 21st birthday.

Because the law regarding child compensation is particularly strict and is subject to rigorous scrutiny, anyone seeking financial redress on a child’s behalf is best advised to seek legal representation. Child compensation specialists have a working knowledge of this aspect of the Law and can ensure that the case is not jeopardised in any way.

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Testimonials

Since contacting Stan I was continously informed of the development and progress of each step of my claim. Stan was persistent and patient throughout the whole process and reassured me he would win me the compensation I deserved - and he was true to his word. I am extremely happy with the outcome of my claim and this is all thanks to Stan.

Sarah

My case was dealt with personally by Stan Moffat and what a brilliant guy. His office contacted me personally by telephone at the start of my claim to explain who they were and what they would be doing for me. All through the case I was kept fully informed of all actions either by e-mail or by letter and reassured by Stan several times of any queries I had.

It is very seldom that a solicitor will take the time to speak personally at any time with you without getting run through secretaries etc. I commend this man for that as this was a very upsetting and important time for me and he did everything in his power to make this as easy and as swift as possible for me.

I highly recommend the service that this firm brings and the speed that they move at.

J McMahon

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