Useful information

• Personal Injury Claim
• Road Accident Claim
• Serious Injury Claim
• Medical Negligence Claim
• Birth Injury Claim
• PIAB Application Guide
• Statute of Limitation
• No Win No Fee Guide

Child Injury Claim

If your child has experienced a personal injury, it can profoundly affect their well-being and your family’s peace of mind. Such incidents can lead to significant medical expenses, necessitate adjustments to your home environment, and potentially disrupt your child’s education and development.

Child Injury Claims

In Ireland, child injury claims follow a distinct procedure compared to claims for adults. Minors, referring to children under eighteen, cannot independently engage a solicitor or initiate legal action. Instead, they must be represented by a parent or guardian acting as their “next friend” when pursuing compensation claims. This representation is required until the child reaches the age of majority.

Before personal injury claims for children can commence, the “next friend” must obtain approval from the District Court and also assume any financial responsibility if the child’s injury claim is unsuccessful. Additionally, any settlement for a child’s injury claim in Ireland necessitates court approval before the payment is made to the court, which is held on behalf of the child until they reach the age of eighteen.

Time Limits

Child injury compensation claims in Ireland cannot be initiated by children until they reach the age of eighteen. Consequently, the time limit, or Statute of Limitations, for child injury compensation claims also begins when the child becomes an adult. Children have two years from their eighteenth birthday to claim compensation for the injuries sustained during childhood.

Making Child Injury Claims in Ireland

When a child is injured in an accident, it’s crucial to understand the legal process involved in making a child injury claim on their behalf. Here’s a comprehensive guide to help you with the steps involved in filing a child injury claim in Ireland.

1. Understanding the role of ‘Next Friend’:

In legal terms, a child or minor refers to an individual under 18 who cannot make a claim independently. To initiate a personal injury claim for a child, an adult representative, commonly known as the ‘Next Friend,’ steps in on behalf of the child. The Next Friend is typically the child’s parent, guardian, or another responsible adult.

2. Steps to take when pursuing a Child Injury Claim:

• Record and report the details of the accident, including the time, date, and circumstances.
• Obtain contact information from any witnesses present at the scene.
• Take photographs of the accident site and relevant conditions.
• Report the accident to the appropriate authorities and ensure that all incident forms are completed and filed for documentation.

Your Child’s Health and Safety

It is crucial to prioritise your child’s health and safety if they have been injured in an accident. In cases of serious injuries, immediate action is required, including calling an ambulance (along with the appropriate authorities, if necessary). Reporting to the nearest hospital’s casualty department or scheduling an emergency appointment with a general practitioner is of utmost importance. Even in the event of a seemingly minor road traffic accident, it is advisable to have your child examined by a doctor. Remember, peace of mind is invaluable, and monetary compensation cannot replace your child’s health and well-being.

Record all of your child’s injuries and related problems accurately and promptly, as this information may be used as evidence to support their claim in the future.

Our team

Engaging a solicitor is essential when pursuing compensation claims for children in Ireland. At a minimum, a solicitor is needed to have a compensation settlement approved in court. It is often in your best interest to consult with a solicitor as soon as your child’s health concerns are addressed.

Furthermore, if the negligent party’s insurers approach you with an offer of child injury compensation shortly after your child’s accident, a solicitor can help assess whether the offer is fair and adequate. They can advise on whether to pursue child injury compensation claims through the Injuries Board Ireland, negotiate with the insurance company, or take legal action.

Many parents, understandably traumatised by their child’s injury, may overlook the evidence needed to support their child’s injury compensation claim, especially if they have also been injured in the same incident. By consulting with a solicitor promptly, the solicitor can handle the collection of evidence, allowing you to focus on caring for your injured child.

Summary

• Child injury claims have unique procedures for children in Ireland, distinct from claims for adults.
• Children must be represented by parents or guardians when making child injury claims in Ireland before reaching the age of majority.
• The Statute of Limitations applies differently to compensation claims for children, allowing two years from their eighteenth birthday to make a claim.
• Promptly consult a solicitor as soon as your child’s immediate health concerns are addressed to enhance the likelihood of gathering necessary evidence.
• Each case is unique, and if your child has suffered an injury due to another’s negligence, it is advisable to discuss your situation with a solicitor as early as possible.
• If you want to take legal action over a personal injury, you should consult our injury solicitors, who are members of the Law Society’s injury accreditation scheme.

Coleman Legal LLP Solicitors

84 Talbot Street, Dublin 1
D01 YX60
DX 112002

Contact Details

Free Phone: 1800-844-104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegalpartners.ie
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