When a child is involved in a personal injury case, the process can feel overwhelming for parents or guardians acting in their best interest. If you’ve heard about cases involving court rulings for children, you may wonder what those rulings really mean. For families navigating these types of legal situations, understanding how courts handle such claims and why rulings are necessary can empower you to make informed decisions.
A Court Ruling for a Child Personal Injury Case Explained
Legally, children under 18 in Ireland are considered minors and lack the capacity to bring a legal claim themselves. Instead, a parent or guardian must act as their ‘next friend’, initiating the claim on their behalf. However, even when all involved parties agree on a settlement, the court must approve the compensation amount through a process known as an infant ruling. This step ensures the child’s interests are fully protected and the settlement is fair.
The compensation awarded is typically held in court until the child turns 18, unless earlier withdrawals are approved for purposes like education or medical needs.
The Importance of Infant Rulings
Infant rulings exist to protect vulnerable children. By requiring court approval:
- Fairness is Ensured: The court reviews medical evidence, details of the case, and the settlement terms to verify that the amount offered truly reflects the child’s injury and its long-term impact.
- Legal Oversight is Maintained: This process prevents exploitative practices and ensures that the child receives what they’re rightfully entitled to.
For parents, however, the process can seem daunting. Settlements must be reviewed even if negotiations seem straightforward, and rulings often take place in an open court. This public nature of proceedings can be uncomfortable for families and raise privacy concerns.
Unique Challenges Families Face
While infant rulings are designed to safeguard children, they often present several challenges:
- Privacy Concerns: These rulings can attract public attention, which may inadvertently expose sensitive details about the child or their family. This can lead to unwelcome scrutiny or potential breaches of confidentiality.
- Complexity of Legal Processes: The legal system can be incredibly complex, especially when it comes to cases involving children. Parents or guardians often find themselves navigating unfamiliar legal jargon and processes, which can be both confusing and overwhelming. This complexity makes it crucial to have experienced legal representation.
- Uncertainty in Outcomes: Unlike some legal cases with clearer resolutions, the outcome of infant rulings can remain uncertain. Even when a settlement figure is proposed, there’s no guarantee the court will approve it. Judges carefully weigh the evidence, the interests of the child, and the potential risks of litigation. For instance, in a recent case involving a brain injury sustained during zorb balling, allegations of negligence and the severity of life-altering injuries were central to the case. However, due to contested evidence and significant litigation risks, the case moved toward a €1 million settlement. Even then, such settlements hinge on judicial approval, which considers whether the agreement truly serves the child’s best interests.
These considerations highlight the need for careful legal guidance and advocacy in infant rulings to ensure children’s rights and futures are fully protected.
Practical Steps Parents Can Take
If your child was injured, here are the steps you need to follow to reach a fair outcome through a court ruling:
1. Seek Immediate Medical Attention
Your child’s health and well-being should always be the top priority. Ensure that injuries are properly assessed and documented by a medical professional. These records will form critical evidence for your case.
2. Record Important Details
Gather any relevant information about the incident:
- Date, time, and location of the accident
- Witness statements and contact details
- Photos of the accident scene or injuries
This information helps establish the circumstances of the case.
3. Consult a Specialist Solicitor
Choose a solicitor experienced in personal injury cases involving children. They’ll help you understand the process, prepare the necessary documents, and represent your child’s best interests.
4. Submit the Claim to the Injuries Board
Before court proceedings, claims must first be assessed by the Personal Injuries Resolutions Board (PIRB). A medical report from your doctor should accompany your application.
If the PIRB assessment is accepted, the settlement still requires court approval. If it’s rejected, your solicitor will proceed with litigation.
5. Understand Court Rulings
Once a case reaches court:
- Hearings are generally public, though anonymity and reporting restrictions can sometimes be applied for if privacy concerns are pressing.
- The judge will review evidence to determine a fair settlement amount.
While the compensation will likely be held in court until the child turns 18, applications can often be made for withdrawals to fund significant needs such as education.
Why Reform is Needed
The public nature of infant rulings deserves urgent attention. A child or their family should never face public scrutiny or ridicule for seeking justice. Remote hearings introduced during the COVID-19 pandemic offered a glimpse of how rulings could protect families’ privacy, but this approach is not yet the standard.
Legislative change, such as allowing in-camera (private) rulings, is crucial to ensure that children’s rights are treated with care and sensitivity. Advocacy from trusted legal professionals remains key to driving these necessary reforms.
Supporting Families Every Step of the Way
At HOMS Assist, we understand the challenges parents face when fighting for their child’s rights after an injury. With decades of experience in personal injury law, our dedicated team is here to guide you through every stage, ensuring your child’s future is secure.
If your child has experienced an injury, don’t wait to take action. Contact us today for empathetic, expert advice tailored to your family’s unique needs.
Your child deserves justice, and we’re here to make it happen.
