Birth injury compensation and choosing a litigation friend

Not all birth injury compensation claims will be settled within the immediate years following the act of medical negligence. Sometimes circumstances may be such that the parents or guardian of the child who has suffered injury at birth will not claim on their behalf. If this is so the child will have to wait until he or she reaches 18 years of age before commencing litigation. It is only when they reach this age that the three-year claims limit takes effect.

Usually, in cases of car accident, work accident or holiday-related injury, a claim for personal injury compensation must be initiated before the end of the three-year claims limit. However, this rule does not hold for people who are considered to be of "legal disability". A legal disability not only encompasses cases of mental illness or incapacitation but also, for the purposes of litigation, children, who are not considered to be capable of managing their own affairs.

Unfortunately, some birth injuries, particularly those that effect the brain, are so lasting and severe that the victim of negligence may never be considered capable of managing his or her own affairs. In such instances the common practice is for a "litigation friend" to be appointed to manage the affairs of the claimant. A "litigation friend" will be someone who is an adult who is "fair and competent" with complete personal disinterest in the outcome of proceedings. He or she may be an actual friend, a solicitor or someone else who the court deems to be appropriate.

Generally speaking, where birth injury compensation action is taken on behalf of a child who is yet to reach maturity, the "litigation friend" will be considered to be the parent, or parents, of the affected individual. If circumstances do not permit this, then, just as with a legally disabled claimant, a guardian, solicitor or, court appointee will take on this role.

UK-wide birth injury lawyers
The birth injury lawyers on YouClaim's panel firms have many years of experience in specialising in this kind of litigation. Understanding both the law and the very special needs of claimants and their families, they are committed to giving each individual claim the very best chance of success.

Our no-cut commitment guarantees each and every winning claimant 100% of the compensation awarded them.

Whether the claimant is being represented by a "litigation friend" or commencing proceedings him or herself, we have the expertise and experience necessary to providing the best possible outcome.

To discover why we have forged such an excellent reputation in resolving birth injury compensation claims, speak to a legal advisor on 0800 10 757 95 or leave a callback request.

If you would prefer to first do some groundwork over the internet, have an online discussion or fill out an internet claim form.