Go to Top

Accident involving a minor

Emily Hale - Personal Injury Solicitor

Emily Hale – Personal Injury Solicitor

Until a person reaches the age of 18, they are considered, by the law, to be a child and therefore are unable to commence proceedings on their own behalf.

As such, a long time ago, the law developed a facility whereby a parent, or guardian, can take responsibility of the claim and act on behalf of the child as, what is called, a Litigation Friend.

My client here, who I will name as Child L, sued the Defendant via her mother as Litigation Friend.

My client,  3 years old at the time of the accident, was travelling on a double decker bus, which was approaching a designated stop.  The bus driver remotely opened the doors as he was pulling into the bus stop and the faulty door jammed my client’s foot and ripped her boot.  The bus driver came to the child’s aid but was unable to open the door and had to manually open it. The child suffered  injuries to her foot and face, sleep disruption, nightmares and travel anxiety she suffered after the accident.

The accident had caused a deformity in my client’s foot, namely that the 4th toe was underlying the 3rd toe, so this caused her problems with weight bearing and therefore walking and enjoying life. 

Outcome of this case ?

We contacted the Defendant bus company and advised them of the accident and the negligence which caused the injuries.  Fortunately, the Defendant admitted liability and was supportive of  investigations and treatment for the injured child.

Due to my client’s young age, at the time of the incident, she was required to attend medical examinations with various paediatricians, arranged by Lloyd Green Solicitors and follow-up appointments, as she grew and her bones developed.

The Medical experts recommended that my client would benefit from having some surgery to correct the deformity but there was a fear here that the correction itself could create complications.

Fortunately, payment was secured from the Defendant, in order to arrange the surgery to go ahead, privately, with the Consultant Paediatrician, who had provided all of his expertise to date.  The surgery, luckily, went very well, leading to a complete recovery by 6¾ years after the accident.

The compensation process

As the Rules require, all the medical evidence was provided to a Barrister in order that he provide his opinion as to reasonable settlement value for my client’s claim.  Following this procedure and my client’s mother and Litigation Friend being happy with the amounts agreed, offers were put to the Defendant Insurers and an assessment was then reached, in the sum of £9,090.00 for full satisfaction of the claim.

As my client was still a child at the time of settlement, it was required by the Rules that she attend what is known as an Infant Approval Hearing.  My client therefore attended the Court with her mother as Litigation Friend and a Barrister and went before a District Judge, who discussed the case with my client and her Litigation Friend, confirming that my client had fully recovered in line with the prognosis period and providing his agreement to the amount of settlement agreed, therefore approving the settlement.

In line with the Rules, the Judge therefore ordered for the compensation monies to be paid into the Court Fund Account, where it will stay accruing interest until my client attains the age of 18 and is able to receive the monies from the Court in her own name.

Any accident involving  child is extremely traumatising for the child but also his or her family. We offer a sympathetic and highly experienced and effective no win no fee service, so contact us if your child has suffered an injury.