Child Sues Mother For Serious Injuries
Deceased Mother Responsible for Serious Injuries to her Child
It is reported that the fatal road accident happened when the mother lost control of her vehicle and hit a brick wall. The child was in the back seat.
However there is an allegation to suggest that the the child was not correctly strapped and secured in the “child seat” and therefore may have caused greater harm to the child.
The mother tragically died from brain injuries several days after the tragic fatal road accident.
How can a child sue his/her Mother?
What will happen is that as the fatal crash may have been caused by the mother, the solicitors acting for the child will argue that as it was the mother’s fault, she must pay any compensation to the child. The compensation is usually paid for by her motor insurer policy, not the other hence the requirement of compulsory motor insurance. This will apply even though she has tragically died in the accident.
The mother’s insurance company will instruct specialist fatal road accident solicitors to investigate the claim for compensation to establish fault and test the claim for a compensation award.
The Child’s solicitors will need a responsible adult to take instructions from. An adult in law is over 18 years of age. It will usually be from a parent, but in this case it can be from the child’s father (if available), grandparent, uncle etc who will have the best interests of the child at heart. This person is called a litigation friend. If there is no responsible adult to represent the child the Court of Protection can be appointed.
Posted: March 11, 2016 at 1:09 pm