Accidents Involving Children
What Are Child Injury Claims?
Children can suffer injury at any stage in their lives and, if the accident was caused by someone else, it may be possible to file a claim on their behalf.
Child accident claims arise where injury has occurred through negligence on behalf of a third party. When those circumstances arise, an experienced solicitor can progress the subsequent claim.
What Are the Most Common Types of Child Personal Injury Claims?
There is no all-encompassing list as far as child injury claims are concerned and they can happen in an almost infinite number of situations. However, some incidents occur on a far more regular basis and the most common types of accidents can take place in the following settings.
A School or Nursery,
A Public Park or Playground,
Shopping Centres and Individual Shops,
Car Accidents.
The range of possible injuries is even wider but the potential for child accident claims isn’t restricted to a specific setting. Many of the claims that we have dealt with have involved injuries sustained at birth while others have occurred in the home as a result of a faulty toy.
If your child has suffered as a result of third party negligence then there is potential for a claim. If you are in any doubt as to whether the incident qualifies for child injury claim compensation, please get in touch.
Who Makes The Claim for A Child Injury?
Legally, minors cannot make a claim on their own behalf, so the onus falls on the ‘next friend’. By law, a ‘next friend’ is a person who represents another party, either because of age or if they are incapacitated for any other reason.
For the majority of child accident claims, a parent will step in to represent the injured party. However, a legal guardian can also act as the definition of ‘next friend’ can extend to any responsible adult working on behalf of the child in question.
Technically, the child is represented by an adult but, to progress in the complex sphere of child injury claims, it’s recommended to appoint a solicitor with a significant experience in this sector.
How to Make A Claim for A Child Injury?
It is a legal requirement to bring all personal injury claims before Ireland’s Injuries Board and they must be contacted as soon as it’s obvious that there are potential medical issues. To undertake that process most effectively, it’s wise to get in touch with a solicitor who has extensive experience of child personal injury claims.
Your appointed solicitor can discuss the circumstances surrounding the incident before establishing whether it is possible to pursue child personal injury compensation. From there, they will contact the Injuries Board on your behalf before taking the claim to completion.
What Is The Time Limit for Child Personal Injury Claims?
The current law relating to time limits on child accident claims is explained in the Statute of Limitations. Generally speaking, the claimant has two years from the date of knowledge in order to file that claim. In regards to children, the two year period starts from the date that they reach their 18th birthday and are legally classed as an adult.
The pivotal wording here relates to that ‘date of knowledge’ and this isn’t always the same as the incident date. When a prospective plaintiff becomes aware that the injury is significant, that is defined as the date of knowledge.
Anyone pursuing child injury claim compensation will find it difficult to submit once that two year limit has expired. In all cases, irrespective of the limit, it is advisable to get in touch with a solicitor as soon as possible.
What Is The Average Payout for Child Personal Injury Claims?
While it is possible to define average figures for child injury claims, the exact amount of compensation that a successful claimant will receive will depend on a number of factors. The type of accident sustained, the extent of the injury and the cost of medical bills are among the three most important criteria to assess when identifying some likely figures.
Loss of earnings can also play a part and, while the child isn’t in gainful employment, a severe injury which may impact future work can provide compensation for projected losses.
For the most minor injuries to legs and arms, claimants might expect to see an average payment in the region of 7,500 Euros. Minor whiplash injuries that may result from car accidents could see child injury claim compensation up to 6,000 Euros.
In more severe cases, child accident claims that result in major, and potentially permanent physical limitations, including disability, can exceed 300,000 Euros. It’s important to remember that those are sample figures: All child personal injury claims are assessed on an individual basis and the exact sum that you might expect will depend on a number of factors.