Guide to making a Child Claim* – Child Compensation

Guide to Making a Child Claim*

Making a child claim in Ireland can be a complex process, but it’s essential to ensure that children receive the compensation they deserve for injuries caused by someone else’s negligence. In this guide, we’ll walk you through the steps involved in making a child claim.

What is a Child Claim?

A child claim is a type of personal injury claim made on behalf of a child who has suffered an injury due to someone else’s negligence. Children under the age of 18 cannot make a claim themselves, so a parent or guardian must act as their “next friend” to initiate the claim.

Who Can Make a Child Claim?

A parent or guardian can make a child claim on behalf of their child. The person making the claim is known as the “next friend. The next friend is responsible for acting in the best interests of the child and ensuring that the claim is made in a timely manner.

Types of Child Claims

Child claims can arise from various situations, including:

• Playground accidents
• School or day-care negligence
• Road traffic accidents
• Medical negligence, including birth injuries
• Defective products, such as toys
• Child abuse

Steps to Making a Child Claim*

1. Seek Medical Attention: The first step is to ensure that the child receives medical attention. This will help to document the injuries and provide evidence for the claim.
2. Record Evidence: Record as much evidence as possible, including photographs of the accident scene, witness statements, and medical records.
3. Consult a Solicitor: Consult one of our solicitors who specializes in child claims. They will guide you through the process and ensure that the claim is made in a timely manner.
4. Submit the Claim: One of our Child Personal Injury solicitors will submit the claim to the Personal Injuries Resolution Board (PIRB) or the courts, depending on the circumstances.

Time Limits for Child Claims

The time limit for making a child claim in Ireland is two years from the child’s 18th birthday. This means that a claim can be made at any time before the child’s 20th birthday.

Court Approval

Any settlement or award made in a child claim must be approved by the courts. This ensures that the child’s best interests are protected and that the compensation is fair and reasonable.

Determining Compensation in Child Injury Claims

The amount of compensation awarded in a child claim depends on the severity of the injuries and the impact on the child’s life. This means the court will assess how the injury has affected the child’s physical and emotional well-being, as well as their daily activities and future prospects.

Compensation typically includes two main categories:

• General Damages: These cover pain and suffering experienced by the child. The amount awarded is subjective and depends on the nature and severity of the injury.
• Special Damages: These cover out-of-pocket expenses incurred as a result of the injury. This can include medical bills, therapy costs, and any other expenses directly related to the injury.

Conclusion

Making a child claim can be a complex process, but with the right guidance, it’s possible to ensure that children receive the compensation they deserve. If you’re considering making a child claim, consult one of our expert Child Personal Injury solicitors who specializes in child claims to guide you through the process.

The key to a successful child claim is to act promptly, gather as much evidence as possible, and consult a solicitor who specializes in child claims.

Speak with a Solicitor at Sherwin O’ Riordan Today – Call 01 663 2000

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