It’s a stressful time when your child suffers an injury in an accident. The broken leg, the cuts and bruises, and the inevitable trip to A&E can take a toll on the child and you.

A personal injury compensation claim for your child can help you both get life back on track.

Your child may miss school, may be unable to play sports, and in some cases could need care for life following an accident that was not their fault.

The good news is that you can make a claim on their behalf, and the sooner you start one, the better for your child.

O’Brien & Company Solicitors in Dublin can help you make that child accident claim* for compensation.

 

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Common types of child accident claim*s in Ireland

We hear of accidents involving children every day in the news. Other accidents involving children may not make the headlines, but can still have a major impact on their lives and that of their families.

Personal injury claims look for compensation when a child is injured in an accident.

Types of personal injury child accident claim*s:

Every child has an accident at school at some point. Who hasn’t got the call to say Tommy or Mary has fallen and cut their knee? 

There is a difference, though, between a cut knee and a significant injury caused by the school’s negligence.

School accident claims can be:

  • Back injury due to a school desk collapsing under a pupil
  • Shoulder injury in a slip on a wet bathroom floor at the gym
  • Facial scarring in a school science lab accident

O’Brien & Company Solicitors will talk you through the school accident claims process.

Like the serious school accident, the playground injury claim is for injuries beyond a scraped knee or bruised ego.

Playground injury claims can be for:

  • The fingers were crushed in the faulty playground gate
  • The leg injury in a fall off the unrepaired swing
  • The head injury occurs when the Jungle Jim collapses

Poorly maintained playgrounds lead to child accidents and compensation claims.

Road traffic accidents see some terrible injuries, and in many cases on Irish roads, the death of a passenger or driver.

If your child is injured in an accident that was the fault of the other driver, you may have a claim.

Child road traffic accident claims may be:

  • Head injury when the car is hit side-on at the roundabout
  • Neck and shoulder injury when the car is rear-ended in town
  • Broken bones when another road user hits a child

Child accident injuries can last for many years, and you may have a personal injury claim*.

Accidents in public places happen to children all the time. The owner of the public place has a duty of care to all users of their property, including children.

Types of accidents in public places claims:

  • A child suffers soft tissue injuries in a trip on an uneven pavement
  • A child breaks their leg in a slip on a wet floor in the supermarket
  • A child suffers head injuries in a fall while in the shopping centre

O’Brien & Company Solicitors in Dublin can make your child accident personal injury claim*.

Children should play sports, but they must do so in a safe environment where they can avoid injury in an accident not their fault.

Types of claims for child sport or recreational injuries.

  • Child suffered a broken wrist when exercising unsupervised in the gym
  • Child back injury due to poor coaching at the rugby club
  • Child head injury when not wearing a helmet playing hurling

Your child should be supervised when training and playing organised sports or at the gym or swimming pool.

You may be able to claim for a child injured in an accident that was not their fault.

O’Brien & Company Solicitors, personal injury solicitors in Dublin, draw on their experience when handling a child accident claim*.

Can I make a claim on behalf of a child?

Yes, you can make a claim on behalf of a child in Ireland. Your child was in an accident that was not their fault, but a personal injury claim* can be a big help with the recovery.

In Ireland, there is a legal term, ‘next friend’, which refers to an adult who can make a claim on behalf of a child under the age of 18. Usually, the next friend is a parent or legal guardian, but the child may make the claim through anyone recognised as a next friend.

You may be able to make a claim on behalf of a child as a:

  • Parent
  • Legal Guardian
  • Grandparent
  • Aunt or Uncle
  • Next Friend as recognised by the court

You can make a claim on behalf of a child until they turn 18. It can be vital to a claim to make it as soon as possible after the accident, when evidence is fresh and also when you need to prepare for their future.

A child can make a claim on their own once they turn 18 and have two years to do so under Irish law.

O’Brien & Company Solicitors can explain how to claim and who can claim for a child with a personal injury.

What evidence do I need for a child accident claim*?

In short, you need as much evidence as possible when preparing to make a child accident claim*. Fresh, strong evidence can make a claim go quickly and smoothly, allowing you and your child to get on with enjoying life.

The first things you should do if your child is injured are:

Seek medical attention for the child
Report the incident to the school, the business, or the local authority
Call the Gardai if you suspect criminal behaviour

By reporting the accident, you are taking the first step to gathering evidence for a future claim.

Other types of evidence to gather for a child’s personal injury claim*:

  • CCTV footage of the accident
  • DashCam footage of the road traffic accident
  • Mobile phone footage of the accident
  • Photos of the accident
  • Photos of the accident area before the accident happened
  • The reports from the ambulance crew
  • Contact details of any witnesses
  • Incident reports from the owners of the premises
  • Medical reports on the accident injury
  • Medical reports on the future impacts of the injury on your child
  • Any expenses such as hotel stays, taxis and meals

A child accident injury can be devastating, with the effects of the injury lasting for life. You will need reports on the costs of future care for the child, the loss of income to the home, adaptations needed to the home and car, and the costs of providing education for your loved one.

O’Brien & Company Solicitors will be by your side and advise you on all the evidence needed and how to get it for a child accident claim*.

How is compensation calculated for a child injury claim?

Compensation for a child injury claim is calculated by taking into account all impacts on your child’s life today and in the future, and estimating all financial costs, known as damages.

In Ireland, a personal injury compensation claim combines two types of damages.

The two types of damages in a child accident claim* in Ireland are:

General Damages in a child accident claim* are compensation for the Loss of Amenity in their life. 

A loss of amenity can be seen in a difficulty walking, exercising, or getting to work. 

You can also claim for the pain and suffering experienced by the child due to the accident.

Special Damages in a child accident claim* are for the extra costs resulting from the personal injury. In a child compensation claim, costs can be high due to the child’s life expectancy.

Special damages in any personal injury compensation claim are for:

  • Medical costs
  • Loss of earnings
  • Travel costs 
  • Cost of care, possibly for life
  • Education costs and needs
  • Further treatment costs
  • Cost of aids and equipment 

O’Brien & Company Solicitors can explain all costs and compensation calculations in a personal injury compensation claim.

Frequently Asked Questions About Child Injury Claims

Yes, you can claim for your child’s injury at school if you can show there was a breach of duty of care to your child and that they were not fully responsible for the accident.

No, your child will not have to go to court for a claim. In Ireland, we use the Injuries Board for all claims, and your solicitor can make your claim to the Board.

If the claim goes to court, and very few do, your personal injury solicitor will be with you all the way.

A child injury claim can take any time from a few months to a number of years, depending on how the other side responds to the claim.

The Injuries Board normally takes up to nine months to review all evidence and to make a recommendation.

If the school or local authority disputes the claim in court, the process can take much longer.

A solicitor will know what to do from day one with a child injury claim. They will have the contacts at the Injury Board and the experience to know how to proceed with the child accident claim*.

A good personal injury solicitor will advise when to settle and how much compensation you should look for in the claim.

You have until the child turns 18 to make a claim on their behalf when injured in an accident. 

A child has a two-year limit to make a claim once they turn 18, but in most cases, it is best to make a claim as soon as possible so the child can get on with their life.

Make a Child Accident Claim Today

Make a child accident claim* today by contacting O’Brien & Company Solicitors in Dublin.

We have the experience in personal injury compensation and can fight a claim until your child gets the compensation they deserve. O’Brien & Company Solicitors know how to take a child injury claim to the Injuries Resolution Board and to court if necessary.

Contact O’Brien & Company Solicitors in Dublin to make a child accident compensation claim today.