When a child is injured and a personal injury claim is made on their behalf, the law adds an extra safeguard to protect them: an ‘Infant Approval Hearing’. This step is essential before any compensation can be paid out.
What Is an Infant Approval Hearing?
An Infant Approval Hearing happens after both sides agree on a settlement for a child’s injury claim. Unlike adult claims, where the agreed amount can be paid directly, claims involving children must be approved by a judge first. This is because children are considered vulnerable and need extra protection under the law.
The hearing usually takes place in a local County Court. In many cases, it is dealt with “on the papers,” meaning no one needs to attend in person. However, sometimes the child, their litigation friend (usually a parent), and legal representatives may need to attend. The judge will review the settlement to make sure it is fair and reasonable, considering the nature of the injury and how it might affect the child’s future.
Why Is It Necessary?
There are two main reasons why these hearings are required:
1. To prevent under-settlement
The court ensures the compensation properly reflects the seriousness of the injury and its long-term impact. This prevents situations where a child might receive less than they deserve.
2. To manage the compensation responsibly
Once approved, the money is usually placed in the Court Funds Office and held in trust until the child turns 18. This guarantees the funds are safe and available for the child’s benefit later in life.
What Happens After the Hearing?
After the judge approves the settlement, the compensation is secured until the child reaches adulthood (18 years old), usually kept in the Court Funds Office or a Junior ISA.
Why This Matters to You
If your child has been injured in an accident, understanding this process is important. It ensures their future is protected and that they receive fair compensation. At Farleys, our specialist personal injury solicitors will guide you through every step, making the process as smooth as possible.
Contact a Specialist in Personal Injury Claims
If you’re looking to make a personal injury claim on behalf of your child, please speak to our experts on 01254 606008, by email, or through the online chat below.
