The youngest age at which you can sue varies depending on the jurisdiction. In England and Wales, the age of majority is 18, and so a person under the age of 18 cannot sue in their own name. Instead, a litigation friend, usually a parent or guardian, must act on their behalf.
Can a Child Under the Age of 18 Sue?
No, a child under the age of 18 cannot sue in their own name in England and Wales.
What is a Litigation Friend?
A litigation friend is a person who is appointed by the court to represent a child or other person who is not able to sue in their own name. The litigation friend has the same powers and responsibilities as the child or other person they are representing.
How is a Litigation Friend Appointed?
A litigation friend is usually appointed by the court on the application of a parent, guardian, or other person who has responsibility for the child or other person. The court will consider the following factors when appointing a litigation friend:
- The age and understanding of the child or other person
- The nature of the proceedings
- The wishes of the child or other person (if they are able to express them)
- The wishes of the parent, guardian, or other person who is applying to be appointed as litigation friend
What are the Responsibilities of a Litigation Friend?
The responsibilities of a litigation friend include:
- Acting in the best interests of the child or other person they are representing
- Taking instructions from the child or other person they are representing (if they are able to give them)
- Communicating with the court and other parties involved in the proceedings
- Managing the finances of the proceedings
- Making decisions about the conduct of the proceedings
What Happens if a Child or Other Person is Injured?
If a child or other person is injured, their parent, guardian, or other person who has responsibility for them can bring a claim for damages on their behalf. The claim must be brought in the name of the child or other person, and the litigation friend will be responsible for managing the proceedings.
What are the Time Limits for Bringing a Claim?
There are strict time limits for bringing a claim for damages. The time limits vary depending on the type of claim. In most cases, the time limit is three years from the date of the injury. However, there are some exceptions to this rule. For example, the time limit for bringing a claim for damages for a child who has been sexually abused is 20 years from the date of the abuse.
What are the Chances of Success?
The chances of success in a claim for damages will depend on the individual circumstances of the case. However, there are a number of factors that can increase the chances of success, such as:
- Having strong evidence to support the claim
- Instructing a solicitor who has experience in handling claims for damages
- Negotiating a settlement with the defendant
What are the Costs of Bringing a Claim?
The costs of bringing a claim for damages can vary depending on the complexity of the case. However, there are a number of ways to reduce the costs, such as:
- Using a no-win, no-fee solicitor
- Negotiating a conditional fee agreement with your solicitor
- Applying for legal aid
Conclusion
The youngest age at which you can sue varies depending on the jurisdiction. In England and Wales, the age of majority is 18, and so a person under the age of 18 cannot sue in their own name. Instead, a litigation friend must act on their behalf.
