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 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
Children cannot initiate child injury compensation claims in Ireland until they reach the age of eighteen. Consequently, the time limit, or Statute of Limitations, for child injury 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 all incident forms are completed and filed for documentation.
Your Child’s Health and Safety
Prioritising your child’s health and safety is crucial if they have been injured in an accident. In 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 paramount. Even in 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.
