Solicitors won’t act for child pillion

I had an accident last year with my 17 year old son riding pillion, when a car pulled across our path without indicating. I managed to avoid a collision but I lost control and we both slid across the road, sustaining injuries. My son’s shoulder was dislocated and he had bruising to his ribs. I have been provided with a solicitor but they won’t act for my son as they say they cannot due to the limited costs available. Why is this?

Ryan, Swansea, by e-mail

Answer

Acting for children with fairly modest injuries has become unprofitable in most cases because of the low legal costs available. Additionally, the courts require an infant settlement approval hearing to approve the compensation, which further reduces any fees a solicitors firm would receive.

This is further compounded by the fact that the courts often refuse to allow a success fee to be paid to a solicitor out of a child’s compensation. The result of all this is that children who are not badly injured in road accidents are finding it difficult to find a solicitor to take on the case.

I suggest that your son waits a year until he is 18 (he will have 3 years from reaching the age of 18 to bring a claim).  He can then bring his claim himself as an adult and should have no issue finding legal representation.