Yes. A parent or guardian can bring a personal injury claim on behalf of a child, acting as their "litigation friend" throughout the process. The child doesn't need to reach adulthood before a claim can be started, and the usual three year time limit for personal injury claims doesn't begin until the child turns 18, so there's no immediate rush, though claiming earlier while evidence is fresh is often easier.
In more detail
What is a litigation friend?
A litigation friend is an adult, usually a parent or guardian, who conducts the claim on behalf of a child, since children can't bring legal proceedings in their own name. The litigation friend makes decisions about the claim in the child's best interests, with the same duty of care a court would expect of any responsible adult acting for a minor.
Does the compensation go to the parent?
No. Any compensation awarded belongs to the child, not the parent or guardian bringing the claim. It's typically held by the Court Funds Office, or in a suitable investment, until the child turns 18, at which point they gain access to it directly.
Does a court need to approve the settlement?
Yes, settlements for children generally require court approval, even where the case doesn't otherwise go to a full trial. This is a safeguard to make sure the amount is fair given the child's specific injury.
What if the child's injury only becomes clear later, for example an ongoing condition?
Because the time limit doesn't start until the child's eighteenth birthday, there's more flexibility to wait until the medical picture is genuinely clear before settling, which is particularly relevant for injuries with a long-term or developing impact.