When a child suffers a personal injury, they cannot legally enter into contracts or settle claims on their own. In Northern Ireland, any personal injury claim brought on behalf of a minor (under 18 years old) requires court approval before a settlement can be finalised. This process exists to protect the child and ensure that the compensation received fairly reflects the harm suffered.
Who Brings a Claim on Behalf of a Minor in Northern Ireland?
Typically, a parent or legal guardian acts as the minor’s litigation friend, bringing the claim on behalf of the minor. As the minor’s solicitor we will gather medical evidence, accident reports and other details to support the claim.
Preparing and Negotiating the Settlement
Once a fair settlement has been negotiated with the defendant or their insurer, an application is made to the court for approval.
The judge reviews the settlement, considering the evidence and ensuring that the amount reflects the minor’s best interests. The judge may ask us as the minor’s solicitor, the minor’s barrister or litigation friend for clarification on any aspect of the claim before approving the settlement. Once approval is granted, the settlement funds cannot be accessed directly. Instead, the minor’s money is invested in the Court Funds Office, where it is protected until the child reaches the age of 18 or another arrangement is agreed by the court.
While the process can add some time to resolving the claim, it provides essential protection, giving parents and guardians confidence that the settlement is fair and covers both current and potential future losses.
Supporting Families Through the Process
Our solicitors are experienced in guiding families efficiently through the process, ensuring claims are well-supported, settlements are approved without unnecessary delay, and the minor’s funds are safely managed.
