Personal injury claim - RTA - for a minor
Discussion
A friend of mine is pursuing a personal injury claim for his daughter (six) when they were both involved in a car accident. They were rear ended and their car was deemed not financially worth repairing even though the airbags didn't fire.
He says that he has to take his daughter to court so that a barrister can decide on the level of compensation. Since the accident was over a year ago I cannot understand what can be gained by dragging the child in to court.
Is there anyway that this can be avoided. I said to him that its not worth it and he should drop the claim but he needs the money and says that it could be £2k.
Any information gladly received. Thanks.
John
He says that he has to take his daughter to court so that a barrister can decide on the level of compensation. Since the accident was over a year ago I cannot understand what can be gained by dragging the child in to court.
Is there anyway that this can be avoided. I said to him that its not worth it and he should drop the claim but he needs the money and says that it could be £2k.
Any information gladly received. Thanks.
John
Greenmantle said:
A friend of mine is pursuing a personal injury claim for his daughter (six) when they were both involved in a car accident. They were rear ended and their car was deemed not financially worth repairing even though the airbags didn't fire.
Well, OK... but was the child injured?Greenmantle said:
He says that he has to take his daughter to court so that a barrister can decide on the level of compensation. Since the accident was over a year ago I cannot understand what can be gained by dragging the child in to court.
Presumably the child's had medical reports for this injury...?Greenmantle said:
...but he needs the money
It's not his money. It's the child's money.As the daughter in this case is the Claimant and a minor, the Court (i.e. the District Judge) will determine whether the amount offered by the offending drivers insurance company is sufficient or not at what is known as an Infant Approval Hearing.
At that hearing, the Judge will need to see the young Claimant (and will sometimes ask her questions about how she is doing etc) as well as speak to the litigation friend (usually her mum/dad) about her recovery. They will also need to see the birth certificate to prove who she is.
The Judge will usually have in front of them an advice from a barrister (obtained by the Claimant's solicitors) to provide the Judge with a rough estimate of what the injuries are worth. If the offer falls within the range detailed in that advice, the amount will usually just be approved.
If it's all agreed, the offending insurers will simply pay the money into the Court special fund to be invested until the daughter is 18.
Sometimes, a parent can request that some of that money be paid out for the benefit of the daughter (often a "new computer" is needed - make of that what you will) and the Judge will consider such a request. Bear in mind though this money should be used for the daughter's benefit and not spent on a holiday for the family etc. As a Defendant lawyer, you can always spot the parents who want to spend their child's compensation on things like that and it's always wound me up no end that they're allowed to do it.
At that hearing, the Judge will need to see the young Claimant (and will sometimes ask her questions about how she is doing etc) as well as speak to the litigation friend (usually her mum/dad) about her recovery. They will also need to see the birth certificate to prove who she is.
The Judge will usually have in front of them an advice from a barrister (obtained by the Claimant's solicitors) to provide the Judge with a rough estimate of what the injuries are worth. If the offer falls within the range detailed in that advice, the amount will usually just be approved.
If it's all agreed, the offending insurers will simply pay the money into the Court special fund to be invested until the daughter is 18.
Sometimes, a parent can request that some of that money be paid out for the benefit of the daughter (often a "new computer" is needed - make of that what you will) and the Judge will consider such a request. Bear in mind though this money should be used for the daughter's benefit and not spent on a holiday for the family etc. As a Defendant lawyer, you can always spot the parents who want to spend their child's compensation on things like that and it's always wound me up no end that they're allowed to do it.
Interestingly (to me, probably not to everyone else) my daughter was involved in a car accident a couple of years ago when travelling with friends. The driver did hurt her neck as was quite bad for a few weeks - involving some time off work. The kids in the back were unharmed.
The friend did go through the claim process and had to get quite hardball with the firm on not including the kids as they were not hurt. However she did have to give their details (names and address etc).
We still get the odd cold call about that crash injuring our daughter - they have the record from somewhere. We have asked if we claimed would the money would be paid to us or our daughter and they said to us as parents as she is U18.
You will be pleased to know we insisted she was not hurt and therefore there is no claim.
The friend did go through the claim process and had to get quite hardball with the firm on not including the kids as they were not hurt. However she did have to give their details (names and address etc).
We still get the odd cold call about that crash injuring our daughter - they have the record from somewhere. We have asked if we claimed would the money would be paid to us or our daughter and they said to us as parents as she is U18.
You will be pleased to know we insisted she was not hurt and therefore there is no claim.
NGee said:
Greenmantle said:
A friend of mine is pursuing a personal injury claim for his daughter (six) when they were both involved in a car accident. ............he needs the money and says that it could be £2k.
What a disgusting attitude. I hope he gets f
k all. I can’t see anyone being dumb enough to think that way and even less see someone being dumb enough to post about it......can they?
Greenmantle said:
A friend of mine is pursuing a personal injury claim for his daughter (six) when they were both involved in a car accident. They were rear ended and their car was deemed not financially worth repairing even though the airbags didn't fire.
He says that he has to take his daughter to court so that a barrister can decide on the level of compensation. Since the accident was over a year ago I cannot understand what can be gained by dragging the child in to court.
Is there anyway that this can be avoided. I said to him that its not worth it and he should drop the claim but he needs the money and says that it could be £2k.
Any information gladly received. Thanks.
John
Why not go for a trip claim too?He says that he has to take his daughter to court so that a barrister can decide on the level of compensation. Since the accident was over a year ago I cannot understand what can be gained by dragging the child in to court.
Is there anyway that this can be avoided. I said to him that its not worth it and he should drop the claim but he needs the money and says that it could be £2k.
Any information gladly received. Thanks.
John
Heck even a hospital negligence claim too?
Greenmantle said:
Thanks for the quick replies.
Obviously waiting from 6 till 18 is a long time.
Could my friend ask for the money be paid on his daughters current school fees?
She attends private school.
Thanks again
John
Why? Does she pay her own fees now? How would her injury prevent her from gaining the income to pay her private school fees? Obviously waiting from 6 till 18 is a long time.
Could my friend ask for the money be paid on his daughters current school fees?
She attends private school.
Thanks again
John
Thanks for all your sensible replies.
I'll ignore the responses from those self righteous hypocrites who will turn down free money.
You can say the current compensation culture today is a bad thing and I would agree but its a current fact of life just like the fact that many people today live well beyond their means. I gladly wait for the first sinless person to re-cast their stone.
John
I'll ignore the responses from those self righteous hypocrites who will turn down free money.
You can say the current compensation culture today is a bad thing and I would agree but its a current fact of life just like the fact that many people today live well beyond their means. I gladly wait for the first sinless person to re-cast their stone.
John
Greenmantle said:
Thanks for all your sensible replies.
I'll ignore the responses from those self righteous hypocrites who will turn down free money.
You can say the current compensation culture today is a bad thing and I would agree but its a current fact of life just like the fact that many people today live well beyond their means. I gladly wait for the first sinless person to re-cast their stone.
John
I'll ignore the responses from those self righteous hypocrites who will turn down free money.
You can say the current compensation culture today is a bad thing and I would agree but its a current fact of life just like the fact that many people today live well beyond their means. I gladly wait for the first sinless person to re-cast their stone.
John
Greenmantle said:
Thanks for all your sensible replies.
I'll ignore the responses from those self righteous hypocrites who will turn down free money.
You can say the current compensation culture today is a bad thing and I would agree but its a current fact of life just like the fact that many people today live well beyond their means. I gladly wait for the first sinless person to re-cast their stone.
John
You go and get that free money sir, claim what is rightfully yours.I'll ignore the responses from those self righteous hypocrites who will turn down free money.
You can say the current compensation culture today is a bad thing and I would agree but its a current fact of life just like the fact that many people today live well beyond their means. I gladly wait for the first sinless person to re-cast their stone.
John
The hearing will be a fairly short informal hearing, the Judge will just check that the damages are fair and that recovery is as the medical evidence states.
You can ask for some money to be paid out of the damages for a holiday or computer or similar now, but its up the judge and school fees would certainly not be approved
You can ask for some money to be paid out of the damages for a holiday or computer or similar now, but its up the judge and school fees would certainly not be approved
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