My child was hurt but no solicitor will take the case

I was involved in a road traffic accident last summer. I was riding my motorcycle with my 16 year old son as a pillion passenger. A car swerved into our path. Although I managed to avoid a direct collision, I lost control and we were both thrown across the road, sustaining injuries.

My son suffered a fractured wrist and soft tissue injuries. I have been provided with a solicitor to deal with my own claim, but they have said they are unable to act for my son because of the limited costs available. Why is this please?

Andy, Guildford

Answer

Claims on behalf of children involving relatively modest injuries have become commercially unviable for many solicitors due to the very low level of recoverable legal costs.

In addition, any settlement of a child’s claim must be approved by the court at an infant settlement approval hearing. While this is an important safeguard, it further reduces the fees a solicitor’s firm is able to recover. Matters are compounded by the courts’ increasing reluctance to allow a success fee to be deducted from a child’s damages, meaning solicitors are often left under-remunerated for the work involved. This leaves children finding it difficult to get representation, which is problematic.

A solution is that your son can wait until he is 18 years old when he can bring the claim in his own name as an adult. It is likely he will find it much easier to obtain legal representation at that stage.