Legal expert sounds alarm over children’s rights in personal injury claims

By 7th December 2016 March 13th, 2020 Personal Injury

JMK Solicitors calls on new Justice Minister to act quickly to put children first

One of Northern Ireland’s top personal injury lawyers has called on the Department of Justice to act quickly to ensure that children’s rights are fully protected in claims made following road traffic collisions.

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The call comes after figures obtained from the Compensation Recovery Unit, (CRU) the government body to which all personal injury claims must be notified, showed that 1,832 people in Northern Ireland aged below 18 years were not legally represented in the last six years. This suggests that those victims did not have access to independent advice nor have their compensation money protected for them until they are old enough to manage it themselves.

Maurece Hutchinson, Managing Partner at JMK Solicitors, said:

“We have been monitoring the increase in the number of children injured in road traffic collisions who are not legally represented and the numbers have grown dramatically – from 57 in 2010 to 455 in 2015. We are urging that the Justice Minister investigate to ensure proper regulations are implemented and children’s rights are protected.”

JMK Solicitors said that when insurance companies are making offers to settle an injury claim with an adult who has not sought expert independent legal advice, the insurer may also make an offer to compensate any children who were also injured. The insurance company is currently not under any mandatory legal obligation to insist that the child obtains its own legal advice.

Maurece added: “Not only are children entitled to be represented by a solicitor, any compensation they receive should be protected and held securely in a Court approved investment account for the child’s own use.

“This makes good sense, but unfortunately it may not be happening and there is a risk that the child will not receive their entitlement in the future.

Parents may not be aware that by accepting compensation on behalf of their children, in the absence of a court’s protection, that they bear the responsibility of ensuring the money is kept safe for their child when they turn 18.”

The trade body for the insurance industry, The Association of British Insurers has issued guidance to its members on how to deal with the issue but it is entirely inadequate and in any event a failure to follow the recommendations carries no penalty.”

JMK has highlighted to the Minister of Justice, Clare Sugden MLA how children are being failed in the current system. The response from the Minister is that the issue does not fall within her remit as regulation of the insurance industry is a reserved matter.

Maurece added: “We feel that insurers have a conflict of interest between their shareholders and the rights of innocent injured children.”

The Right Honourable Lord Justice Gillen’s draft report ‘Review of Civil and Family Justice’ published in October 2016 noted “with grave concern” the apparent lack of court approval for some cases involving children under 18 and welcomed “further input on this troubling matter and a means of resolving it”.

JMK seeks that the Justice Minister contact all those who were not legally represented to recommend that they obtain independent legal advice.

Established in 2003, JMK Solicitors operates from offices in Belfast and Newry, servicing clients from across Northern Ireland. If you would like to contact JMK Solicitors, please call their Newry Office on 028 3025 7766 or Belfast office on 028 9032 0222.

 

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