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There is no greater concern for a parent or guardian than the safety and well-being of a child. When accidents occur due to someone else’s negligence, the impact is shattering and can have long-lasting repercussions. Our firm has specialised in civil litigation since 1895 and brings a rare blend of experience, empathy, and resolve to ensure every injured child has access to justice following an injury.
A child personal injury claim arises when a minor (someone under 18) suffers injuries in circumstances where another party is at fault. This may result from negligence in a variety of settings, whether at school, in a public park, during a road traffic incident, or due to a defective product. Ultimately, if the accident was caused by a third party’s negligence, you may have grounds to seek compensation on behalf of the injured child.
Children are entitled to the same legal protections as adults, but the law also provides some additional safeguards. For parents or guardians, it is vital to seek help from a legal team with extensive knowledge of these specialised regulations and a sincere approach to guiding families through the intricacies of a claim.
Because minors are not legally permitted to bring a case themselves, the claim must be filed by a responsible adult acting as the child’s “Next Friend.” Typically, this role is taken on by a parent or legal guardian.
By assigning a Next Friend, the courts ensure that the minor’s best interests are represented. While a Next Friend can formally initiate legal proceedings, it is prudent to consult a solicitor with experience in child injury litigation to assist in preparing a strong and reliable case.
Child accidents may occur under a wide range of circumstances. Our solicitors have handled numerous cases involving:
While these examples are common, child injuries may arise in countless situations. If you believe negligence is to blame, you should discuss your child’s circumstances with an experienced solicitor.
After seeking medical attention, it is advisable to gather vital evidence such as:
These records are often critical in demonstrating how the accident occurred and who was at fault.
Bringing a claim for a child requires a detailed understanding of Irish law regarding minors. Our solicitors at Good & Murray Smith LLP will outline all your options and guide you through each phase.
In most child personal injury cases, the application must first be submitted to the Injuries Board (save for medical negligence, which may follow a different route). This statutory body will assess how much compensation should be awarded. However, any assessment accepted must ultimately be endorsed by the courts when children are involved.
A distinguishing feature of child personal injury claims is the requirement for court approval of any settlement or award. A judge reviews the proposed figure, medical evidence, and the circumstances of the incident to ensure the compensation is fair and in the child’s best interests.
If you find the Injuries Board’s assessment lacking, or if the at-fault party declines to cooperate, court proceedings may follow. Our litigation team has been addressing contentious disputes for more than a century, and we bring that heritage of expertise to every child injury case under our care.
Typically, Irish law applies a strict two-year limit on personal injury claims from the date of injury or the date of knowledge of the injury. However, for child personal injury claims, that clock usually does not start until the child’s 18th birthday. Effectively, a child has until their 20th birthday to begin legal action. Despite this extended time frame, prompt legal advice is crucial. Evidence may become harder to source or preserve over time.
The amount of compensation (also referred to as damages) varies widely depending on factors such as the severity of the injury, medical costs, and the effect on the child’s future. Generally, the courts or the Injuries Board take into account:
Once approved, any settlement for a child is typically held in trust until they reach 18, ensuring these funds are preserved for their long-term benefit.
With over a century of practice behind us, our team delivers a client-focused approach that values compassion, thoroughness, and genuine commitment. We recognise the sensitivities involved in child personal injury cases and tackle each claim with dedication, perseverance, and a proven ability to secure favourable outcomes.
Yes, in certain cases. Property owners can owe a duty of care even to trespassers, particularly if the property poses dangers that would attract a child, like unsecured swimming pools or abandoned structures. That said, the standard of care owed to trespassers is lower than that owed to other visitors.
Yes, if the school failed to provide adequate supervision or did not intervene appropriately to prevent foreseeable harm. Liability may rest with the school or its staff.
You can still claim if the organisers failed in their duty, by failing to ensure proper safety measures, providing unsafe equipment, or allowing dangerous activities without sufficient precautions.
Yes, if the injury was caused by a defect in the toy or equipment, the manufacturer, distributor, or retailer could be held liable under product liability laws.
If the pool was not secured or maintained safely (e.g., missing fences or slippery surfaces), the property owner could be liable for negligence.
Yes, if a crèche or daycare centre failed to follow health and safety protocols, leading to your child contracting an illness, you may have grounds for a claim.
You can claim against the school if the injury was caused by defective or poorly maintained safety equipment that should have protected your child.
Yes, but liability might fall on the supervising adult or organisation if they failed to intervene or monitor the children adequately to prevent the incident.
Yes, if your child’s injury has affected their ability to learn or participate fully in school, compensation can include funds for tutoring, therapy, or specialised educational resources.
Delaying can impact the availability of evidence and weaken your case, but claims are usually still possible as long as they are made before a child’s 20th birthday. Early consultation with a solicitor ensures no critical evidence is lost.
We know how alarming and disruptive a child’s injury is for both the child and the entire family. If you suspect negligence has led to your child’s accident, our solicitors can help you explore every legal avenue. Contact us today for a confidential consultation. We are committed to providing clarity and support in the pursuit of justice on behalf of your child.
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If you’ve been injured and believe you may have a claim, don’t wait. Good & Murray Smith LLP is here to help. Contact us to arrange a consultation to review your case and guide you through the next steps.
