Starting claim on behalf of a child Synnott Lawline
If you have a question about starting an injury claim on behalf of a child, contact us; by phone, email or fill out the call back form and a solicitor will contact you without delay.
Locall 1850 20 40 60
Bringing a claim forward on behalf of a child (minor)
A person under the age of 18 years is not permitted by law to bring a claim in their own name. If a child has sustained injuries as a result of an accident then it is up to the parents or guardians of the child to bring a claim on behalf of the child.
The claim will be brought in the name of the child but will name the parent or guardian as Next Friend. The parent or guardian will sign all necessary paperwork on behalf of the child.
Whether the claim is finalised through PIAB, an insurance company or settled after issuing court proceedings it will be necessary to have the settlement offer Ruled by the court. This means that the court will have the final say as to whether the settlement offer is sufficient to compensate the child.
If the Judge approves of the settlement then he will make an Order consenting to the Ruling and the money will be lodged in Court until the child reaches the age of 18. If the Judge does not approve the settlement then he will advise the parties to renegotiate or in the alternative to seek additional medical or expert evidence.