When accidents happen, they can leave both physical scars and lasting emotional and financial burdens—particularly when they involve children. The recent case of an 11-year-old girl awarded €25,000 following an injury sustained in a playground in Sandyford underscores the seriousness of negligence and the legal recourse available to parents. For many, the process of filing a child personal injury claim feels like navigating uncharted waters. This guide provides a comprehensive breakdown of the child personal injury claims process in Ireland, helping families understand their rights and how to proceed.
What Happened in the Sandyford Playground Case?
The case of Amelia Hodgins serves as a clear example of how negligence can lead to a child’s injury. Amelia, seven years old at the time of the incident, was injured at the Fernhill Park Playground when she tripped and hit her face on a rock. The playground was incomplete and should have been sealed-off to prevent access. The Dún Laoghaire-Rathdown County Council accepted responsibility, resulting in a €25,000 settlement for minor scarring on her forehead and lip.
This case highlights the importance of holding organisations accountable when they fail to provide safe environments for children. It also reflects the legal system’s role in ensuring fair outcomes for young victims of negligence.
What are Child Personal Injury Claims?
Child personal injury claims arise when a minor (anyone under the age of 18) is injured due to someone else’s negligence. This could involve anything from inadequate supervision in schools to unsafe playground equipment or even car accidents. Since minors don’t have the legal standing to initiate claims themselves, a parent or guardian, known as the “next friend,” acts on their behalf.
Key Features of Child Personal Injury Claims:
- Extended Timeframe: While adult claims must typically be filed within two years of the incident, child injury claims can be made any time before the victim’s 20th birthday.
- Court Approval: Even when parties agree to a settlement, the court must approve it through an “infant ruling” to ensure the compensation aligns with the child’s best interests.
- Compensation Safeguards: Any awarded compensation is held in trust by the court until the child turns 18, unless earlier withdrawals are specifically approved for necessary expenses like education or medical costs.
Common Scenarios Leading to Claims
Claims for child personal injuries can arise across various situations, including but not limited to:
- Playground Accidents
Poor maintenance, faulty design, or unsafe equipment can result in injuries ranging from broken bones to significant scarring.
- School or Day-Care Negligence
Injuries caused by insufficient supervision, unsafe premises, or bullying often highlight negligence within these institutions.
- Road Traffic Accidents
Passengers in vehicles or pedestrians might suffer injuries due to collisions caused by careless drivers.
- Defective Toys or Equipment
Poorly manufactured or unsafe products, such as toys with choking hazards, can lead to injuries.
- Medical Negligence
Birth injuries or improper medical treatment could have long-term consequences for a child’s health and development.
Understanding the circumstances that led to the injury is crucial in determining whether a claim for negligence can be pursued.
Steps in Filing a Child Personal Injury Claim
1. Seek Immediate Medical Attention
Your child’s health should always be the top priority. Beyond receiving necessary medical treatment, documented medical records serve as critical evidence should a claim proceed.
2. Record Evidence
Take photographs of the injury and the location of the incident. Collect witness statements where possible and ensure a written report of the incident is logged by any relevant organisation, such as a school or public facility.
3. Consult a Specialist Solicitor
Engage a solicitor experienced in child injury claims. They will act as your advocate, guiding you through each step of the claims process and ensuring that your child’s rights are protected.
4. Submit the Claim to the Personal Injuries Resolution Board (PIRB)
The PIRB assesses most claims officially before court proceedings are considered. A medical assessment and evidence of negligence are submitted to review the case.
5. Court Approval
If a settlement is reached, court approval will still be required through an infant ruling. This safeguards your child’s interests and ensures the settlement is appropriate based on their injuries and long-term needs.
6. Future Planning
Following a successful claim, you may need to plan for how the compensation will support your child’s immediate and future needs (e.g., medical treatments, therapy).
What Influences Compensation?
The amount of compensation awarded depends on several factors:
- Severity and Visibility of Injuries: Visible injuries, such as scarring on the face, often attract higher compensation due to the long-term physical and emotional impact.
- Age and Gender: Younger children sometimes receive higher awards as the impact on their lives can be long-lasting.
- Psychological Trauma: Emotional strain resulting from the injury is also taken into account.
- Impact on Quality of Life: Lingering challenges like limited mobility, chronic discomfort, or reduced confidence may increase the award.
- Specialist Medical Reports: These assessments provide insight into the extent of the injury and its projected long-term effects.
For example, in Amelia Hodgins’ case, while the scarring was deemed minor by the judge, its location and visibility were significant considerations in determining the settlement.
Breaking Down Misconceptions
Why Pursue a Claim?
Some parents worry that filing a claim may seem excessive or confrontational. However, personal injury claims are not about assigning blame unfairly—they serve two important purposes:
- To ensure children receive the support they need for recovery.
- To hold organisations accountable and prevent similar incidents in the future.
Will Settlement Payments Cover My Child’s Needs?
It’s understandable to feel uncertain about whether the awarded settlement will suffice. This is where experienced legal representatives step in to advocate for the full scope of damages, including immediate and long-term needs.
Why Legal Expertise is Essential
Navigating the legal complexities of child injury claims is challenging without expert guidance. From ensuring proper documentation to negotiating with defendants, solicitors play an invaluable role in protecting your child’s rights and securing fair compensation.
At HOMS Assist, we’ve spent over 50 years helping families in Ireland through the claims process. Whether it’s guiding you through PIRB assessments or representing your case in court, our team ensures every detail is managed with care and professionalism.
Take the Next Step Toward Justice
If your child has been injured due to negligence, you don’t have to face the uncertainty alone. Contact us for empathetic, expert advice tailored to your unique circumstances. With dedicated offices in Dublin, Limerick, and Cork, we’re here to support you and your family every step of the way.
Get in touch today to secure your child’s future—and peace of mind.