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.
