How to bring a Claim forward on behalf of a Child (Infant or 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.

If the guardian or parent is claiming on behalf of the child, it will be brought in the name of the child but will name the parent or guardian as Next Friend. The parent / 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.

Time Limit for Child Claims

Unlike Personal Injury law for adults (who have 2 years from the date of injury to issue a claim) a parent or guardian can commence the injury claim for the child 2 years from the date of their 18th birthday rather than in normal cases 2 years from ‘date of knowledge’. So if a potential claimant was a baby or infant at the time of injury, although we don’t recommend waiting this long, legal action can be taken up to their 20th birthday. With all personal injury claims we advise seeking legal advice as soon as possible. This law is in place for children as it’s not always possible to define the long term physical or psychological consequences of the injury the infant has suffered until they have reached maturity.

If you have any legal questions or wish to start your claim, please do not hesitate to contact our dedicated and experienced team of solicitors who will be more than happy to talk you through the whole process and answer any questions that you may have.

Contact us 7 days a week by Phone: 01 453 7890 Email: info@lawline.ie or fill out our Call Back Form.