Most people are able to bring a personal injury claim in their own name. However in some circumstances the person injured may need someone to stand in their place to bring the claim. This person is a Tutor.

All children, under the age of 18 years require a Tutor to bring proceedings. Other persons who suffer from a lack of legal capacity similarly require a Tutor.

In determining whether or not someone lacks legal capacity consideration must be given to the nature of the injury sustained and the extent of the ongoing incapacity. Often medical evidence is called upon to establish whether or not the injured person has the legal capacity to manage their own affairs and therefore provide instructions to the solicitor to enable the claim to proceed. If there is any difficulty or doubt in this regard then the appointment of a Tutor is the preferred course.

The Tutor stands in the shoes of the injured person for the purpose of the litigation and assumes all responsibilities in relation to same. This includes the provision of instructions to the solicitor.

However the Tutor’s responsibility is not only to provide assistance and make decisions for the incapacitated individual but the Tutor may also be liable for the costs of the proceedings. Great care must therefore be taken in the appointment of a suitably qualified Tutor.

In the event that a claim for a person under a legal incapacity is settled in principle the settlement must be approved by the court as being reasonable in all the circumstances. Once the settlement has been approved the proceeds of the claim will be paid to a trustee to be held on trust for the infant child until they are 18 years of age. In the event that the person is operating under a legal incapacity by reason of any cognitive deficit then the funds will be invested with a professional trustee for management for as long as the injured person remains incapacitated.

Brydens Lawyers are the experts in the prosecution of claims for persons under a legal incapacity. For over 40 years Brydens has been bringing claims to ensure that such persons are properly compensated for the injuries which they have sustained. For a free no obligation consultation to determine whether you have a claim available contact Brydens Lawyers today on 1800 848 848 or info@brydens.com.au

For over 40 years now Brydens Lawyers has been operating a ‘No Win – No Fee”, policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page.

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