In Ireland, a child injury claim may be brought where a child has been injured as a result of another party’s negligence, whether in a road traffic accident, at school, in a playground, during a sporting activity, or in any other setting where a duty of care was owed to the child.
Under the Civil Liability Act 1961, children are entitled to the same protection as adults under the law of negligence; where a breach of that duty causes injury to a child, a claim for compensation may arise.
The Statute of Limitations (Amendment) Act 1991 provides specific protections for children, ensuring that the two-year limitation period does not begin to run until the child reaches 18 years of age.
Coleman Legal LLP acts for families throughout Ireland in child injury claims across all types of accidents and negligence, including school accidents, road traffic incidents, medical negligence, and playground injuries.
Coleman Legal LLP is a litigation practice based in Dublin 1, Ireland, specialising in personal injury and medical negligence claims on behalf of children and their families across the Republic of Ireland.
What is a child Injury claim in Ireland?
A child injury claim is a personal injury or medical negligence claim brought on behalf of a child who has been injured due to the negligence of another person or organisation.
Because children are minors and cannot bring legal proceedings in their own name, a claim must be brought on their behalf by a parent or guardian, who is referred to as a “next friend” in Irish legal proceedings.
To succeed in a child injury claim in Ireland, the following must be established.
- The defendant owed the child a duty of care.
- The defendant breached that duty by failing to meet the required standard of care.
- The breach caused the child’s injury.
- The child suffered a recognised form of harm, whether physical, psychological, or financial.
The standard of care required will vary depending on the setting.
A school owes its pupils a duty of supervision. A driver owes a duty of due care to road users, including child pedestrians and cyclists.
A local authority owes users of public parks and playgrounds a duty to maintain those spaces safely.
Healthcare professionals owe child patients the same standard of care as adult patients.
Common types of child Injury claim in Ireland
1. School accident claims
Schools in Ireland owe pupils a duty of care that encompasses adequate supervision, safe premises, and appropriate management of activities.
Where a child is injured due to inadequate supervision in a playground or gymnasium, a defective piece of equipment, a dangerous floor or stairway, or a failure to manage a known risk of bullying or violence, a claim may arise against the school or its management authority.
Google Search Console data shows “compensation for child injured at school” is a frequently searched query in Ireland, reflecting the frequency of school accident claims.
2. Road traffic accident claims involving children
Children are among the most vulnerable road users. Where a child is struck by a vehicle as a pedestrian or cyclist, or is injured as a passenger in a vehicle, a personal injury claim may arise against the negligent driver.
Under Irish law, a contributory negligence argument may be raised where a child did not take reasonable care for their own safety, but the courts apply a modified standard when assessing the conduct of young children, recognising their limited capacity to appreciate risk.
3. Playground and public space injuries
Local authorities and private operators have a duty under the Occupiers’ Liability Act 1995 to maintain playgrounds, parks, and public spaces in a reasonably safe condition.
Where a child is injured by defective equipment, a dangerous surface, or inadequate maintenance, a child injury claim may arise.
4. Child medical negligence claims
Where a child suffers harm as a result of medical negligence, including a delayed diagnosis, a surgical error, a medication error, or inadequate post-operative care, a medical negligence claim may be brought on the child’s behalf.
Medical negligence claims on behalf of children are specifically excluded from the PIAB process under the Civil Liability and Courts Act 2004 and proceed directly through the courts.
Coleman Legal LLP has dedicated experience in children’s medical negligence claims, including birth injuries, paediatric surgical negligence, and CAMHS-related claims.
See our Children’s Medical Negligence page for further information.
5. Sports and activity injuries
Sports clubs, leisure centres, and activity providers owe participants a duty of care.
Where a child is injured during a sporting activity due to inadequate coaching, defective equipment, unsafe facilities, or failure to apply appropriate rules of play, a claim may arise.
The standard of care applicable to sports injuries was considered by the Irish courts in a number of cases and reflects the reasonable precautions expected of an organiser of the particular activity.
Time limits for child Injury claim in Ireland
The general limitation period for personal injury claims in Ireland is two years under the Statute of Limitations (Amendment) Act 1991.
However, this Act provides an important protection for children: where the injured person was a minor at the time of the injury, the two-year period does not begin to run until the child reaches 18 years of age.
This means that a child who is injured at age five has until their twentieth birthday to bring a claim. However, this statutory protection does not mean that families should delay seeking legal advice.
There are practical reasons to act early.
- Evidence, including accident reports, medical records, and witness statements, is most readily available shortly after the event.
- Photographs of the accident scene, defective equipment, or hazardous conditions may not remain available indefinitely.
- Expert witnesses are more easily instructed when the circumstances of the accident are recent.
- In some cases, the defendant or their insurer may be notified promptly, facilitating an earlier resolution.
For claims arising from a child’s death, proceedings must generally be issued within two years of the date of death. Families are strongly advised to seek legal advice as soon as possible after an incident.
How child injury claims are processed in Ireland
1. Claims through the Personal Injuries Assessment Board (PIAB)
The Personal Injuries Assessment Board (PIAB), now operating as Injuries.ie, assesses most personal injury claims in Ireland before they proceed to court.
Child injury claims, except for medical negligence claims, are generally required to go through the PIAB process first.
PIAB will assess the child’s injuries against the applicable awards set out in the Book of Quantum and issue an assessment.
In claims involving children, PIAB cannot make a final binding assessment without the consent of the child’s parent or guardian acting as next friend.
If the assessment is accepted, the claim is resolved. If it is not accepted, or if PIAB declines to assess the claim, an authorisation is issued permitting the claimant to proceed to court.
2. Court approval of settlements involving minors
Under the Civil Liability and Courts Act 2004, any settlement of a personal injury claim on behalf of a minor must be approved by the court before it becomes binding.
This applies whether the settlement is reached through PIAB, through direct negotiation, or at any other stage.
The purpose of this requirement is to protect the child’s interests by ensuring an independent judicial review of the proposed settlement.
The court will consider the nature and extent of the child’s injuries, the likely prognosis, the assessment of liability, and whether the proposed settlement properly reflects the child’s losses.
If approved, the settlement funds are typically lodged with the court to be held for the child’s benefit until the child reaches 18 years of age, unless the court orders otherwise.
3. The role of the next friend
A child cannot bring or defend legal proceedings in their own name in Ireland. All proceedings on behalf of a child must be brought by a “next friend,” who is typically a parent or guardian.
The next friend is responsible for giving instructions to the solicitor, signing court documents, and making decisions about the claim on the child’s behalf. The next friend has a duty to act in the child’s best interests throughout the proceedings.
Related Information
Coleman Legal LLP provides dedicated information on the following areas closely related to child injury claims
- Children’s Medical Negligence Ireland: For claims involving medical errors, delayed diagnosis, or hospital negligence affecting children, see our Children’s Medical Negligence page.
- Birth Injury Claims Ireland: For claims arising from injuries sustained during labour or delivery, see our Birth Injury Claims page.
- Personal Injury Services: For a full overview of our personal injury services across all age groups, see our Personal Injury Services page.
- Medical Negligence Services: For information on medical negligence claims generally, including delayed diagnosis and surgical negligence.
Frequently Asked Questions
What is a child injury claim in Ireland, and how does it work?
In Ireland, a child injury claim is a personal injury or medical negligence claim brought on behalf of a minor who has been injured as a result of another party’s negligence.
Under the Civil Liability Act 1961, children are entitled to the same legal protection as adults where negligence causes injury.
Because children cannot bring legal proceedings in their own name, claims are brought by a parent or guardian acting as “next friend.”
The child injury claim process typically involves a PIAB application (except for medical negligence), followed by court proceedings if the PIAB assessment is not accepted, and court approval of any settlement reached on the child’s behalf.
How long do I have to make a child injury claim in Ireland?
In Ireland, the Statute of Limitations (Amendment) Act 1991 provides that the two-year limitation period for personal injury claims does not begin to run in respect of a minor’s claim until the child reaches 18 years of age. This means a child injured at any age has until their twentieth birthday to bring a claim.
However, families are strongly advised to seek legal advice promptly: evidence, witness recollections, and accident records are most available shortly after the incident, and early legal advice ensures nothing is lost.
Can I claim compensation if my child was injured at school in Ireland?
In Ireland, a school owes pupils a duty of care that includes adequate supervision, safe premises, and appropriate management of foreseeable risks.
If your child was injured at school due to inadequate supervision, defective equipment, unsafe premises, or a failure to address a known risk, a claim may arise against the school or its management authority.
Google Search Console data indicates “compensation for child injured at school” is one of the most frequently searched child injury queries in Ireland.
Coleman Legal LLP can assess whether the circumstances of your child’s school accident support a claim.
Does my child’s claim have to go through PIAB?
In Ireland, most personal injury claims, including child injury claims for accidents and road traffic incidents, must be submitted to the Personal Injuries Assessment Board (injuries.ie) before court proceedings can be issued.
Medical negligence claims on behalf of children are excluded from the PIAB process under the Civil Liability and Courts Act 2004 and proceed directly through the courts. If PIAB issues an assessment that is not accepted, or declines to assess the claim, an authorisation is issued to proceed to court.
Does a court have to approve a settlement for a child injury claim?
In Ireland, under the Civil Liability and Courts Act 2004, any settlement of a personal injury claim on behalf of a child must be approved by the court before it becomes binding, regardless of how the settlement was reached.
The court will review whether the settlement properly reflects the nature and extent of the child’s injuries and their future needs.
Approved settlement monies are typically lodged in court for the benefit of the child until they reach 18 years of age.
This requirement exists to protect children’s interests and ensure that no premature or inadequate settlement is accepted on their behalf.
What happens to the compensation money in a child injury claim?
In Ireland, compensation awarded or agreed in a child injury claim is typically lodged in the High Court following court approval of the settlement.
The funds are held for the child’s benefit until they reach 18 years of age, at which point the child may apply to the court for payment.
In some cases, the court may order that funds be released earlier, for example, to fund necessary medical treatment or equipment. Your solicitor will advise you on the applicable arrangements in your child’s case.
Who acts on behalf of the child in a personal injury claim in Ireland?
In Ireland, a child cannot bring legal proceedings in their own name. A personal injury claim on behalf of a child must be brought by a “next friend,” who is typically a parent or guardian.
The next friend gives instructions to the solicitor, signs court documents on the child’s behalf, and is responsible for decisions made during the proceedings.
The next friend has a legal duty to act in the child’s best interests. If a conflict of interest arises between the next friend and the child, the court may appoint a guardian ad litem to represent the child’s interests independently.
Can I claim for psychological injury suffered by my child as a result of an accident?
In Ireland, compensation in a child injury claim may include both physical and psychological harm.
Where a child develops post-traumatic stress disorder, anxiety, depression, or other recognised psychiatric conditions as a result of an accident or injury, those psychological injuries are compensable as part of the overall claim.
Expert psychiatric or psychological evidence will be required to establish the nature and extent of the psychological harm and to link it to the accident. The Book of Quantum, published by the Injuries Resolution Board (formerly PIAB), includes guidance on awards for psychological injuries.
Can both parents make a claim in a child injury case?
In Ireland, the primary claim is made on behalf of the injured child and relates to the child’s own losses, including pain and suffering, medical expenses, and future losses.
A parent may also have a separate claim for their own losses arising from the child’s injury, such as loss of earnings if they had to give up work to care for the injured child, or for the cost of care provided.
Whether a parental claim is available and the extent of recoverable losses will depend on the facts of the case. Your solicitor will advise on this at the outset.
How much compensation is a child injury claim worth in Ireland?
Compensation in a child injury claim in Ireland is assessed on a case-by-case basis and is not subject to a fixed tariff.
The amount will reflect the nature and severity of the injury, the child’s age, the impact on their development and quality of life, any ongoing medical needs, and financial losses suffered.
The Book of Quantum, published by the Injuries Resolution Board, provides indicative ranges for common types of injury and is referred to by courts and PIAB assessors.
For more serious or permanent injuries, compensation may be significantly higher. Coleman Legal LLP will provide you with a realistic assessment of the likely value of your child’s claim based on the evidence and the medical expert’s opinion.
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 child injury claim solicitors, who are members of the Law Society’s injury accreditation scheme.
