Every year many children are injured in accidents. Sometimes these injuries can be very serious and life altering. Irrespective of what the impact of the accident on the child is, Mulroy and Company Personal Injury Solicitors* are here to answer your questions and give you a clearer understanding of the child’s potential claim and what compensation that child may be entitled to.
Can a child make a claim for personal injuries?
A child cannot make a claim for personal injuries for themselves, so it usually falls to a parent or guardian to make the claim on their behalf. A child under the age of 18 is referred to as a ‘minor’ or an ‘infant’.
How long does the child have to take a claim for personal injuries?
In personal injury cases involving children, there is a difference in the length of time in which a claim can become statute barred. Instead of 2 years from the date which injury occurred (or the ‘date of knowledge’ in medical negligence cases), in personal injury cases involving children a claim for the child can be brought up to 2 years from their 18th birthday. So regardless of what the age of the child was when the injury was suffered, a claim can be sought up until their 20th birthday. This law is in place to protect children in that the true effects of an injury suffered might not be apparent until they reach maturity. However it is highly advisable that you meet with a solicitor for legal advice as soon as possible and a dela may prejudice the claim for personal injuries. You can read more about the Statute of Limitations here.
When does the child receive the compensation awarded?
In most cases, when the child is awarded compensation for injuries suffered as a result of an accident, the monies are held in court and will not be available to the child until the child reaches the age of 18 years. However if the child requires urgent care or medical assistance, the judge can make an order for the distribution of a portion of the monies held in court for the child’s benefit.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.