Where a child is injured as a result of an accident, product or medical treatment, it may be possible to make a child injury claim on the child’s behalf. Where the person under the age of eighteen (a ‘minor’) suffers an injury owing to the negligence of another person, or organisation, their right to make a claim is subject to certain requirements that are there to safeguard the minor’s interests.
As the injured party is under the age of eighteen they are required to bring their claim through an adult. This is generally one of their parents or a guardian. The adult who represents the minor is known as the ‘next friend’. The next friend is required to act in the best interest of the minor when making decisions in respect of the claim.
Unlike the two year timeframe, or statute of limitations, for adults’ negligence claims, the cut-off timeframe for a minor claim is two years after the date of their eighteenth birthday.
An important safeguard for a minor in a negligence claim is that a judge’s approval is required before a settlement or award offer can be accepted by the next friend. Where a solicitor has managed to negotiate an offer in the case it will then be necessary for a court application to be made. The application will include a barrister’s opinion as to the appropriateness of the offer. A judge has the discretion to either accept an offer or turn it down depending on whether they believe the injuries merit a higher level of award or if they require further medical evidence before making a decision on the value of the injuries.
These safeguards are to ensure that the best interests of the minor are looked after. Once the offer is agreed by the judge, the monies then go into court until the minor turns eighteen. Once eighteen a separate application is required to take the settlement monies out of court.
Understanding Child Injury Claims
Child injury claims arise when a child suffers an injury due to someone else’s negligence. These claims can be filed on behalf of the child by an experienced solicitor. Child accident claims can occur at any stage in a child’s life, and it’s essential to understand the process of making a claim to ensure the child receives the compensation they deserve.
When a child is injured, the impact can be profound, affecting their physical health, emotional well-being, and future prospects. Whether the injury occurs in a car accident, due to a defective product, or as a result of medical negligence, it’s crucial to seek legal advice to navigate the complexities of child injury claims. An experienced solicitor can help gather evidence, assess the extent of the injury, and advocate for the child’s best interests throughout the claims process.
Common types of accidents involving children
Common types of accidents that result in children being injured include:-
- Road traffic accidents where the minor was a passenger;
- Medical negligence claims against hospitals and/or doctors, including injuries at birth;
- Product liability claims for injuries from toys (including cuts and choking hazards);
- Child abuse cases;
- Accidents in playgrounds,
- Accidents in crèches or day-cares;
- Accidents in swimming pools;
- Accidents at school;
- Food poisoning incidents; and
- Injuries from anti-social behaviour.
These incidents often lead to children’s accident claims, where legal assistance is sought to secure compensation and support for the injured child.
Common child injury claims
Birth injury
Negligent actions or omissions by medical staff during the term of the pregnancy, at birth or during post-birth aftercare, may be actionable. Injuries at birth are classed as birth injuries or birth defects:-
- Birth injuries are injuries that are caused during or immediately after the delivery of the child. Typical examples of birth injuries include broken bones, nerve damage and brain damage.
- Birth defect injuries occur as a baby develops in the mother’s womb. These defects can occur from mismanagement of the pregnancy by medical staff. Some birth defects have been found to occur from medications prescribed to the mother that contained toxins resulting in defects to the developing child.
Parents may seek personal injury compensation for birth injuries to cover medical expenses and support the child’s recovery.
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.
Injuries suffered at School, Creche, or Day-care
Injuries suffered at school, creche, or day-care can be particularly distressing for parents and guardians. These institutions have a duty of care to ensure the safety and well-being of children in their care. If a child suffers an injury due to negligence or breach of duty, a personal injury claim can be made on their behalf. Common examples of injuries suffered at school, creche, or day-care include:
- Slips, trips, and falls
- Playground accidents
- Sports injuries
- Food poisoning
- Assaults by other children or staff members
It’s crucial to seek advice from a personal injury solicitor if your child has suffered an injury at school, creche, or day-care. They can help you navigate the claims process and ensure your child receives the compensation they deserve. A solicitor will work to establish the negligence or breach of duty that led to the injury and will gather the necessary evidence to support the claim.
Where a child suffers an injury while under the care of a school, crèche or child day-care, then you should look to speak to your solicitor.
To bring a claim it will be necessary to show that the injury was caused by negligence of the owner or a staff member. In a school and crèche setting teachers and supervisors have a duty of care to protect the safety of children. This includes avoiding injury being caused by the anti-social behaviour of other children. If a child suffers an injury due to negligence or breach of duty, a personal injury claim can be made on their behalf to claim compensation.
Playground accidents
Where an accident occurs in areas of public amenities for children (such as playgrounds or skate parks) and injury is caused to a child, then you should consult with a child injury solicitor to discuss your options.
There is a duty of care owed to the users of such amenities by the owners to provide an appropriate level of safety for children using the facilities. Where injuries occur due to the negligent actions/inactions of the owner, or an employee of the owner, then there may be cause for a compensation claim. Playground accidents can often occur due to poor maintenance, poor layout or a lack of supervision. In some cases children can suffer injury due to faulty or incorrectly installed equipment.
Who Can Make a Personal Injury Claim on Behalf of a Child?
A parent, guardian, or family member can make a personal injury claim on behalf of a child. This person is known as the ‘next friend’ and is responsible for representing the child’s interests throughout the claims process. The next friend must act in the best interests of the child and ensure that the child’s rights are protected.
In some cases, a legal guardian may also be appointed to act as the next friend. This is typically the case where the child’s parents are unable to act on their behalf due to illness, injury, or other circumstances. The next friend plays a crucial role in making decisions about the claim, including whether to accept a settlement offer. It’s important for the next friend to work closely with a personal injury solicitor to ensure the best possible outcome for the child.
Time Limits for Child Accident Claims
The time limits for child accident claims are different from those for adult claims. The Statute of Limitations states that a child has two years from the date of their 18th birthday to make a personal injury claim. However, a parent or guardian can make a claim on behalf of the child at any time before their 18th birthday.
It’s essential to note that the clock starts ticking from the date of the accident, or from the date the injury becomes apparent. Therefore, it’s crucial to seek advice from a personal injury solicitor as soon as possible after the accident to avoid potential difficulties down the line. Early action can help preserve evidence, secure witness statements, and build a strong case for compensation.
Making a claim
If you wish to make a personal injury compensation claim in respect of an injury to a child, it is advisable that the next friend contact a solicitor at an early stage following the accident.
There is an extended statute of limitations time period for minor claims, being two years after the minor turns eighteen years of age. However, as is the case for an injuries claim involving an adult that is based on the negligence of others, it is very important to gather evidence from an early stage after an accident or incident that caused the injury. A person or organisation seeking to defend any such claim may take issue with any significant delay in the claim being taken where it unfairly prejudices their ability to defend the case.
We have over fifty years’ experience in child personal injury claims.
You can contact one of our experienced advisors who will be happy to assist you.
Assessing Damages for Child Injury Claims
Assessing damages for child injury claims can be complex and requires careful consideration of various factors. The amount of compensation awarded will depend on the severity of the injury, its impact on the child’s quality of life, and the extent of any ongoing medical treatment or care required.
Damages can be awarded for various aspects, including:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of amenity
- Future care and treatment costs
A personal injury solicitor will work with medical experts and other specialists to assess the extent of the child’s injuries and calculate the appropriate level of compensation. They will also negotiate with the defendant’s insurance company to ensure the child receives the maximum amount of compensation available. The goal is to ensure that the child’s needs are met both now and in the future, providing financial support for their recovery and well-being.
