Claiming for a Child – Infant to 18 Years
Child or Infant Injury Claims
Did you know – a parent / guardian makes the injury claim on behalf of the child, this can start from 2 years from the date of their 18th birthday rather than in normal cases 2 years from ‘date of knowledge’.
Accidents Involving Children – Claiming on their Behalf
Irish law states that a person under the age of 18 years is considered to be a minor and therefore cannot engage the services of a solicitor directly. However, a parent or guardian of the child can bring the personal injury action on their behalf acting as “Next Friend”. The Next Friend acts as an agent for the child and the nominated solicitor will deal directly with them.
Every year thousands of children are injured in accidents and have suffered injury, disfigurement and in some cases permanent disability. As expert child injuries solicitors, we appreciate that when a child suffers from an accident causing injury due to the fault of another party it is extremely traumatic to the child, parents and family members. Whatever the type of accident to the child, we will advise you in clear terms if there is a reasonable prospect of making a successful claim for your child.
Who Makes the Claim?
Normally a parent or guardian will claim on behalf of the injured child. If the child has suffered the injury under the age of 18, they are classed as ‘minors’ or ‘infants’. As child injury claims solicitors we act for parents and / or guardians of the ‘minors’ to help them make a successful child accident claim for the child (minor).
What is the time limit for Child Claims?
Unlike Personal Injury law for adults (who have 2 years from the date of injury to issue a claim) a parent or guardian can commence the injury claim for the child 2 years from the date of their 18th birthday rather than in normal cases 2 years from ‘date of knowledge’. So if a potential claimant was a baby or infant at the time of injury, although we don’t recommend waiting this long, legal action can be taken up to their 20th birthday. With all personal injury claims we advise seeking legal advice as soon as possible. This law is in place for children as it’s not always possible to define the long term physical or psychological consequences of the injury the infant has suffered until they have reached maturity.
What happens the Monies Awarded to the Child?
Generally the claim monies awarded to the child will be invested in a court approved fund until they reach the age of 18. But if the child requires urgent care or medical attention, the judge can decide that a portion of the child’s claim money can be released for their benefit.
Playground Accidents – How to know if the child has a Claim
It’s a part of everyday life that children will receive bumps and bruises while they run and play. However, if your child sustains an injury due to the poor maintenance of a playground area or defective equipment in the playground, you the parent or guardian may be entitled to bring a personal injury action on their behalf. Accordingly, there are strict Regulations for maintenance and inspection of a playground. But if these regulations are not followed there is a much higher risk of your child sustaining an injury.
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Summary of Safety Regulations for Playground Spaces
- Inspections must be carried out on a weekly basis by trained staff and records must be maintained of these inspections;
- All equipment contained in the playground and all surfaces must comply with ISEN standards (European Standard);
- Risk assessments must be carried out on all new playgrounds
- All equipment should be regularly maintained and fixed/replaced where necessary;
- An annual, independent inspection, must be carried out to ensure the safety of the playground equipment. This annual inspection should be carried out in compliance with the European Playground Standards EN1176.
- As well as ensuring that the equipment in the playground is maintained and that regular inspections are carried out it is also necessary that there be appropriate surfacing in place in order to prevent children from injuring themselves should they be caused to fall. Any alternative to the below mentioned surfaces will put a child at risk of sustaining a serious and avoidable injury. The chosen surfacing in any playground must comply with ISEN standards and be one of the following: Grass, Sand, Rubber safety tiles, Soft mulch, Bark mulch and Wet pour timber
How to know if a Crèche or School is Liable for child’s Injury?
As a parent, when you leave your child to crèche or school, you expect your child to receive the highest standard of care. What can you do when the crèche or school you have trusted to look after your child, falls below the expected standard of care resulting in your child sustaining an injury? If your child sustains an injury and needs medical attention, you should ensure to report the accident and that an Accident Report Form has been completed. The accident report form should set out the circumstances of the accident and the injuries sustained by your child. You should enquire as to whether there is any CCTV footage of the accident and request that they hold on to the footage. Try to find out if there were any witnesses to the accident. In cases where the accident occurred as a result of the actions / inactions of staff the crèche or school may be held liable.
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Childcare Act 1991 (Early Years Services) Regulations 2016
There are strict Regulations in place that all pre-school care providers must adhere to. These Regulations are set out in the Childcare Act 1991 (Early Years Services) Regulations 2016. Areas covered by the Regulations include:
- Health, welfare and development of the child;
- First aid and medical assistance and
- Management & staffing.
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Pre-school Services – Table of How Many Carers per Class?
The below table sets out the number of responsible adults who should be caring for a group of children at any given time. If these ratios are not rigorously followed the chance of an accident occurring increases significantly. There should be adequate supervision throughout the day, especially during play activities.
Pre-school service Age of children No. of adults No. of children Sessional services 0 to 1 years 1 3 1 to 2.5 years 1 5 2 to 5/6 years 1 11 Full/part-time day care 0 to 1 year 1 3 1 to 2 years 1 5 2 to 3 years 1 6 3 to 6 years 1 8 Drop-in centres 0 to 6 years 1 4 (only 2 or less under 15 months) Childminders 0 to 6 years 1 5 (including his/her own) Overnight pre-school service 0 to 1 years 1 3 1 to 6 years 1 5
Injuries caused by Dangerous or Defective Toys
Injuries caused by dangerous or defective toys are more frequent than we would like to think. An injury caused by a defective toy falls under the remit of the Defective Products Act 1991. Section 2 of this Act deals with liability for any injury caused by a defective product. If your child has been injured by a defective toy then make sure that you hold on to the packaging of the toy as well as the receipt for purchase.
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Common Injuries caused by Dangerous or Defective Toys
- Cuts & bruises
- Burns
- Choking
- Strangulation
- Puncture wounds
- Suffocation
Got a question about Starting a Claim for Personal Injury or Medical Negligence?
Contact us 7 days a week by phone, email or fill out the callback form and a solicitor will contact you without delay. We are Here to Help.
01 453 7890
info@lawline.ie
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Can a Child Start a Claim?
If you are the parent or guardian of an injured child, or if you were injured when you were under 18 and your injuries were caused by someone else, you may be entitled to claim compensation.
In the eyes of Irish law, a person under the age of 18 is considered to be a “Minor” and therefore cannot engage the services of a solicitor. However, the Parent or Guardian of the child can bring a personal injury action on their behalf. A claim can be made on behalf of a child by a “Next Friend” at any point up to the child’s 18th birthday. The injured person then has a further 2 years, until the date of their 20th birthday, to start their own compensation claim. The Next Friend (typically a parent or guardian) acts as an agent for the child and the nominated solicitor will deal directly with them.
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What are the legal Costs When Claiming for a Child?
It’s worth noting that when it comes to bringing a case for a minor there is no solicitor/client fee, subject to the case being successful. Most child Injury Cases will be run on a No Win No Fee Basis. All legal costs will be paid by the Defendants Insurance Company.
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What Happens to the Minor’s Compensation when they Reach the age of 18
Once the minor has reached the age of 18 they can apply to have the award released from Court. In the majority of cases the figure lodged will have increased as it accrues interest over time.
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How is the Child’s Compensation Award Managed?
Once a case for a minor has been settled it is necessary to make an application to the appropriate court to have the settlement figure “Ruled”. This is a safeguard that has been put in place for minors to ensure that they are receiving the true value of their claim.
The appropriate paperwork will be drafted and sent to the relevant Court and your solicitor will be provided with a date to attend at the Court to put the settlement figure to the Judge and go through the legal proceedings and medical evidence.
If the Judge is satisfied with the settlement the matter will be “Ruled” and the settlement money will be lodged into a court account.
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What Happens when the Minor reaches the Age of 18?
Once the minor has reached the age of 18 they can apply to have the money released from court. In the majority of cases the figure lodged will have increased as it accrues interest over time.
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What Happens after the case is Settled?
Once a case for a minor has been settled it is necessary to make an application to the appropriate court to have the settlement figure “Ruled”. This is a safeguard that has been put in place for minors to ensure that they are receiving the true value of their claims.
The appropriate paperwork will be drafted and sent to the relevant court (Circuit Court or High Court) and your solicitor will be provided with a date to attend at the Court to put the settlement figure to the Judge and go through the legal proceedings and medical evidence.
If the Judge is satisfied with the settlement the matter will be “Ruled” and the settlement money will be lodged into a court account.
