Why won’t lawyers help my son?

I had an accident three weeks ago. I was carrying my 16-year-old son on the back when a car pulled out of a side road into my path. Fortunately, I was able to swerve out of the way and there was nothing coming in the opposite direction. However, we both hit the ground and we were both slightly injured. My son injured his ankle and wrist. I have been given a lawyer to represent me but they won’t act for my son. They said it was not economically viable. Why is this?

Geraint Owen, by e-mail

Answer

Acting for children in personal injury claims that involve minor injuries has become unprofitable in most cases because of the low fixed fees that these cases attract and because the court insists on “an infant settlement approval hearing” to approve the compensation which further reduces any fees a law firm would receive.

This is made worse as courts have often been refusing to make a success fee payable by a child despite there being no such exclusion in the rules.

The net result is children involved in road traffic accidents who are not badly injured are finding it very hard to find a solicitor to take on the case and as such access to justice has been hampered.

Your son could wait until he is 18 to bring his claim because then he will be more likely to find legal representation. Keep hold of any evidence to utilise then.