Child personal injury claims arise following an accident involving children. A claim for compensation for an accident involving a child is treated differently than personal injury claims for adults.
A person under the age of 18 is considered a ‘minor’ in the eyes of the law. A minor cannot engage a solicitor or make an accident compensation claim by themselves, instead, another adult person will have to represent them in the personal injury claim. The other person who represents the minor in a claim is called their ‘next friend’ (usually a parent or guardian of the child).
COMMON TYPES OF CHILD PERSONAL INJURY CLAIMS
Children’s Toys Injury
Accident at School or Crèche or Day-care
Birth Injury Claims
Child accident in a public place
Before you consider legal proceedings and making child accident claim, your first priority should be to seek medical attention for the child involved. After you can contact a child injury solicitor.
It is important that you have a clear account of how the accident happened when making a child injury claim. Important facts to record are:
Time and Date of the accident
Weather conditions at the time
Circumstances that caused the accident
Contact details for any witnesses
Photos of the accident scene and any conditions that led to the accident
Report the accident to the relevant persons or authorities. Make sure that you request a copy of any accident record forms you complete.
STATUE OF LIMITATIONS
It is important to remember that there is a certain timeframe in place within which you can bring a claim for compensation called the statute of limitations. For children, the statute of limitations 2-year time limit does not start until they turn 18. However, a parent or guardian can bring a claim forward as soon as the accident happens.
NEXT FRIEND RESPONSIBILITIES
The legal process making a child accident claim differs slightly from a personal injury claim involving an adult. The first step will be to submit an Injuries Board application. All child injury claims must go before the Court, therefore the next step will be for a court hearing to take place. If both the judge and the next friend accept the amount of compensation offered then an order to pay will be issued from the injuries board. The compensation will then be held by the court and released to the child when they turn 18 years of age.
If the Judge or next friend do not agree to the settlement amount then the next friend will need to instruct a solicitor to issue legal proceedings to move the case forward.
If your child has been involved in an accident as a result of somebody else’s negligence and you are considering making a child injury claim, it is advisable to speak with a solicitor as soon as possible after the accident to ensure the success of their claim, leaving it too late may lead to difficulties down the line.
With 30 years’ experience as specialist personal injury solicitors * in Dublin, Tracey Solicitors ensure not to overwhelm you with legal jargon. We can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.
We give legal advices in Russian. If you need legal help contact Emilia 087 165 1564
16/17 St. Andrew Street
T: 01 649 9900 – Reception
T: 087 165 1564 – Russian
*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.