Under section 45(1) of the Limitation of Actions Act 1936 (SA) children have three years from the date of their 18th birthday to make a claim for compensation.
It is not necessary for a child to wait until they reach adulthood to bring a claim. An adult, such as a parent or guardian, can bring the claim on the child’s behalf. The person who brings the case on the child’s behalf is called a “next friend”. If the adult decides to settle the case for less than the maximum sum, the court will need a barrister’s confirmation that the settlement is in the child’s interests.
Compensation for children is usually held in trust by the Public Trustee until the child reaches 18, although the Public Trustee may be able to advance money to pay for the child’s support and education.
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