The Process
As a parent your concern is for your child’s health and welfare and you need to seek medical advice and get them the best medical attention as soon as possible.
A child under 18 years of age is considered to be a minor in law so their guardian or their parent or another adult person can take a claim on their behalf. That person is called the minor’s “next-friend”.
The common types of accidents which can happen to children are as follows:
Road traffic accident where they are a passenger in a car that has caused an accident or has been damaged because of an accident.
Birth Injury Claims – These are injuries to a child during their birth.
Accidents in a public place where footpaths, staircases, and buildings are maintained in a poor quality and cause the child to slip and fall.
Normal personal injury claims have to be brought within two years of the date of the accident. This is called the Statute of Limitations; however, the Statute of Limitations does not start until a child turns 18 years of age, however, it is very advisable to speak to a solicitor as soon as possible after the accident because leaving it late can make it more difficult for your solicitor to have all the evidence in front of them particularly if there is a significant time gap between when the accident happened and when a person starts a claim.
Payment of a Child’s Settlement Claim
Any award or settlement proposed to a child must be reviewed by a Judge and the Judge must satisfy themselves that the child is getting adequately compensated for the injuries sustained. Any award or settlement money can only be paid out to a child when they reach 18 years of age. Compensation for children includes both general damages and special damages. General damages are damages/ an award for the pain and suffering the child has suffered to include physical and emotional damage. Special damages mean out of pocket expenses to include medical receipts, pharmacy receipts, physiotherapy receipts and any such out of pocket expenses incurred as a result of the injury which the child suffered.
If you have any questions our specialized Personal Injury Claims team is here to help.
You can contact McCormack Solicitors on
Email: info@carolmccormacksolicitors.ie
Phone: 071 9621846
www.carolmccormacksolicitors.ie
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Disclaimer:
The contents of these pages are provided as an information guide only. While every effort is made in preparing material for publication no responsibility is accepted by or on behalf of McCormack Solicitors for any errors, omissions or misleading statements on these pages or any site to which these pages connect.
