Child Accident Claims: A Guide for Parents and Guardians

Seeing your child injured is every parent’s worst nightmare. Whether it happens at school, on the road, or due to a medical error, the emotional toll is immense. Amidst the worry and medical appointments, the legal implications are likely the last thing on your mind. However, understanding your rights and the steps involved in making a child accident claim is crucial to ensuring your child receives the support and future care they deserve.

When a child under the age of 18 (a ‘minor’) suffers an injury due to someone else’s negligence, the legal process differs significantly from adult claims. This guide is designed to walk you through the essentials with clarity and care, helping you make informed decisions for your family.


Who Can Make a Claim for a Child?

Because a minor cannot legally bring a claim themselves, an adult must act on their behalf. This adult representative is known as the ‘next friend’. Typically, this role is filled by a parent or legal guardian.

The responsibilities of the ‘next friend’ include:

  • Making decisions regarding the claim.
  • Instructing the solicitor.
  • Always acting in the absolute best interests of the child.

If a parent is unable to act—perhaps due to illness or injury sustained in the same accident—another family member or legal guardian can step into this role.

Common Types of Child Accident Claims

Children are naturally active and curious, which unfortunately exposes them to various risks. Claims often arise from:

  • Road Traffic Accidents: Whether the child was a passenger, a pedestrian, or a cyclist.
  • School and Crèche Accidents: Educational facilities have a strict duty of care. Claims may arise from lack of supervision, faulty equipment, or unsafe premises.
  • Playground Injuries: Local authorities and owners must ensure equipment is safe and well-maintained.
  • Medical Negligence: Including birth injuries or errors during treatment.
  • Product Liability: Injuries caused by defective toys or unsafe products.

Child abuse

Where a child has suffered from abuse of a physical or sexual nature it is important to report these incidents.

In the first instance such incidents should be reported to the Garda Síochána. For assistance and support you may wish to contact one of the many support groups that are available, which include:-

  • Cari provide support for children who are victims of childhood sexual abuse;
  • Safe Ireland provide support for women and children affected by domestic abuse;
  • Barnardos provide support for children who are victims of childhood sexual abuse, amongst other services; and
  • TUSLA is the State Agency responsible for protecting the wellbeing of children.

A child that is a victim of abuse of a physical or sexual nature can bring a personal injuries claim. We appreciate that incidents of this nature may be very difficult to discuss. There are important proofs that will need to be gathered such as the dates of the incidents, the identity of the abusers and medical evidence of the physical and/or psychological injuries caused. It is crucial to work with experienced personal injury solicitors who can provide compassionate support and legal expertise in these cases.


Common Types of Child Accident Claims

Children are naturally active and curious, which unfortunately exposes them to various risks. Claims often arise from:

  • Road Traffic Accidents: Whether the child was a passenger, a pedestrian, or a cyclist.
  • School and Crèche Accidents: Educational facilities have a strict duty of care. Claims may arise from lack of supervision, faulty equipment, or unsafe premises.
  • Playground Injuries: Local authorities and owners must ensure equipment is safe and well-maintained.
  • Medical Negligence: Including birth injuries or errors during treatment.
  • Product Liability: Injuries caused by defective toys or unsafe products.

Get in touch

Nationwide services with dedicated offices in

Dublin

2-4 Ely Place, Dublin 2, D02 FR58

Limerick

Bishopsgate, Henry Street, Limerick, V94 K5R6

Cork

1A South Mall, Cork, T12 PV44

Share this page

OTHER SERVICES

service

Estate Planning Solicitor: Wills, Probate and Trusts

HOMS Assist provide swift case resolution and a personalised service. Contact us for all private wealth cases such as Wills and Powers of Attorney.

service

Residential Property & Conveyancing Solicitors

HOMS Assist provide swift case resolution and personalised service in Dublin and Limerick. Contact us today to discuss property law matters.

service

Medical Negligence Claims

HOMS Assist have 50+ years’ experience in offering medical negligence solicitor services in Ireland. Contact us today for expert advice and prompt case settlement.

RELATED ARTICLES

HOMS Assist appoints Claire Tuohy as Partner. An expert in wills, trusts, and cross-border estates, Claire brings empathy and dual-qualified expertise to the role.

News Article

HOMS Assist Announces Appointment of Claire Tuohy as Partner
The Civil Reform Bill 2025 changes District and Circuit Court limits. Learn how this impacts personal injury claims, legal costs, and your path to justice.

News Article

Civil Reform Bill 2025: What New Court Limits Mean for Your Personal Injury Claim
From machinery faults to manual handling, discover the most common causes of workplace injuries in Ireland and understand your rights if you've been hurt.

News Article

Common Causes of Workplace Accidents
Lady on the phone ready to support you with your car accident claim

News Article

Simplifying Car Accident Claims Process
Learn how to confidently handle workplace injury claims. Gain clarity on your rights, understand the claims process, and secure the support and compensation you deserve after a workplace accident.

News Article

Your Guide to Making a Workplace Accident Claim

News Article

General Damages and Special Damages in Injury Claims

What we offer

We are an award winning, client-oriented law firm in Dublin, Limerick and Cork. Our solicitors provide comprehensive legal advice in an approachable and caring manner. Most of us will require a solicitor at some time in our lives. When the time comes that you do require legal support you will want to be sure that you are dealing with professionals who will work quickly and efficiently to help you. So whether you need help writing a Will, you have been in an accident, suffered an injury or illness that was not your fault, or you are looking at divorce options, we can offer clear guidance and representation to assist you in obtaining the optimum result.

Request a callback

Fill out the form below, and we will contact you shortly. Required fields are marked *

Sign up to our newsletter today

Scroll to Top