Accidents involving children
Every year many accidents involving children occur. Sometimes the injuries sustained 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.
Who can make a claim for an accident/accidents involving children?
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’.
The advice from Mulroy Personal Injury Solicitors is simple – Never settle a personal injury claim without obtaining legal advice.
What is the involvement of the Injuries Board?
The Injuries Board process for making compensation claims for children in Ireland is no different from the procedures for an adult. Mulroy and Company Personal Injury Solicitors will prepare and submit this application to the Injuries Board on behalf of the child.
However when the Injuries Board make an Assessment of compensation in the case of an injury to a child, that settlement must then be approved of by a Court. Mulroy and Company Personal Injury Solicitors will also advise you on the appropriates of the settlement.
It is often the case that a Judge will find that an Injuries Board settlement is not sufficient. If the Respondent or their insurance company is not willing to increase the compensation, proceedings will be initiated by your Solicitor for a full hearing of the child case before a different judge.
How long does the claimant have to take a claim for personal injuries?
In personal injury cases regarding accidents 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 minors 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 personal injury solicitor for legal advice as soon as possible, as a delay may prejudice the claim for personal injuries.
You can read more about the Statute of Limitations here.
When does the child receive the settlement award?
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 minor 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.
If you have any questions on the above matter, please do not hesitate to contact Mulroy and Company Personal Injury Solicitors who specialise in personal injury cases for minors and adults.
Please do not hesitate to telephone us at 091 – 586760 or email us to discuss your claim.
Mulroy and Company Personal Injury Solicitors are here to help.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.