When a child suffers an injury due to someone else's negligence, the legal process differs significantly from a standard personal injury claim. Irish law recognises that minors require special protection, and specific rules apply to how claims are brought, managed, and settled. Understanding these rules can help parents and guardians protect their child's rights and ensure they receive appropriate compensation.
Who Is Considered a Minor?
In Ireland, a minor is a person under the age of 18. Because minors cannot initiate legal proceedings in their own name, a parent, guardian, or responsible adult must act on their behalf throughout the claims process. This individual is known as a "next friend" and is responsible for making decisions in the child's best interests.
Common Causes of Personal Injury Claims Involving Children
Children can suffer injuries in a variety of circumstances, including:
- Road traffic accidents
- Playground accidents
- Injuries sustained at school
- Sporting accidents caused by negligence
- Dog attacks
- Accidents in public places
- Defective products or unsafe premises
Time Limits for Bringing a Claim
One of the most important aspects of personal injury claims involving minors is the limitation period.
For adults, personal injury claims generally must be brought within two years of the date of the accident or the date of knowledge of the injury. However, different rules apply to children.
The limitation period does not begin to run until the child reaches the age of 18. This means that, in many cases, the child has until their 20th birthday to initiate proceedings.
That said, it is often advisable for parents or guardians to seek legal advice as soon as possible. Evidence can become difficult to obtain over time, witnesses' memories may fade, and important documentation could be lost.
The Role of the Injuries Resolution Board
Before court proceedings can be commenced in most personal injury cases, an application must first be made to the Injuries Resolution Board (formerly the Personal Injuries Assessment Board or PIAB).
For claims involving minors, a parent or guardian submits the application on behalf of the child. If an assessment of compensation is accepted, any settlement must normally be approved by the court before it becomes legally binding.
This additional safeguard ensures that the compensation agreed is in the best interests of the child.
Court Approval of Settlements
Unlike adult claims, settlements involving minors cannot simply be agreed between the parties and finalised privately.
Where a settlement is reached, an application is generally made to the court for approval. The court will review the circumstances of the case and the proposed compensation to ensure it is fair and reasonable.
The judge's primary concern is protecting the child's interests and ensuring that the settlement adequately reflects the injuries sustained and any future impact on the child's life.
What Happens to the Compensation?
In many cases, compensation awarded to a minor is lodged in court and held until the child reaches the age of 18.
There are exceptions where funds may be released earlier for expenses directly related to the child's welfare, medical treatment, education, or rehabilitation, subject to court approval.
This system is designed to safeguard the child's financial interests and prevent the misuse of funds intended for their benefit.
Why Early Legal Advice Matters
Even though the limitation period for minors is extended, early legal advice can be crucial. Prompt action allows:
- Collection and preservation of evidence
- Acquisition of medical reports
- Identification of witnesses
- Assessment of long-term medical needs
- Timely engagement with insurers and relevant parties
A solicitor experienced in personal injury litigation can guide families through what can often be a complex and stressful process.
Conclusion
An accident involving a child can have lasting physical, emotional, and financial consequences for both the child and their family. Irish law provides important protections for minors pursuing personal injury claims, including extended time limits and court oversight of settlements. If your child has been injured as a result of another party's negligence, obtaining legal advice at an early stage can help ensure their rights are protected and that any compensation secured properly reflects their needs, both now and in the future.
