When a child is injured because of someone else's negligence, the impact reaches far beyond the child. As a parent or guardian, your priority is your child's health and recovery. At the same time, Irish law provides important protections to make sure children who are harmed receive fair compensation and that their interests are safeguarded at every stage of the legal process. At Michael Boylan Litigation, we have extensive experience supporting families through children's claims, including the court-approval hearings that are a unique and essential part of this process.
When a Child Is Injured: How the Law Protects Them
Under Irish law, a person under the age of 18 is classified as a minor. A minor cannot instruct a solicitor or bring a legal claim in their own name. Instead, the law requires that a responsible adult acts on the child's behalf throughout the entire claims process. This adult is known as the next friend.
These additional protections exist because children cannot make legal decisions for themselves. Every stage of a child's personal injury claim is subject to oversight, and any proposed settlement must be reviewed and approved by a judge. This ensures that decisions are always made in the child's best interests, not in the interests of any other party.
What Is a Next Friend?
A next friend is the adult who brings the claim on behalf of the injured child. In most cases, this is a parent or legal guardian, but it can be any responsible adult who does not have a conflict of interest with the child.
The next friend's role includes:
Instructing the solicitor: Providing details of the accident, the child's injuries, and all relevant evidence.
Making decisions throughout the claim: Including whether to accept or reject any proposed settlement.
Acting solely in the child's interests: The next friend must confirm in writing that they have no interest that conflicts with the child's welfare.
The next friend works closely with the solicitor at all times. Their role carries significant responsibility, and having experienced legal guidance alongside them makes the process considerably more manageable.
How to Bring a Claim on Behalf of a Child
Step 1: Seek Medical Attention and Document Everything
Your child's health always comes first. Even if an injury appears minor at the time, it is important to have it assessed by a medical professional as soon as possible. Children's injuries can develop or change over time, and early medical records are essential evidence.
Beyond medical attention, it helps to gather the following as soon as you can:
Photographs: Of the injury and the location where the accident happened.
Witness details: Names and contact information for anyone who saw the incident.
Incident reports: Any report completed by the school, crèche, sports club, or business where the accident occurred.
Receipts and records: For any costs related to medical treatment, travel, or other expenses.
Step 2: Speak With a Solicitor
Once your child's immediate medical needs are addressed, the next step is to contact a solicitor with experience in children's claims. A solicitor will review the circumstances, advise you on whether there is a valid claim, and explain the process ahead. Early legal advice is particularly valuable in children's cases because medical evidence needs to be detailed, and the claims process involves steps that do not apply to adult claims.
Step 3: Submit the Claim to the Injuries Resolution Board
For most personal injury claims in Ireland, including children's claims, the claim must first be submitted to the Injuries Resolution Board (formerly known as PIAB). Your solicitor will prepare and submit the application on behalf of the child, together with the medical report and supporting documentation.
The Board will assess the claim and propose a compensation amount. If both parties accept the assessment, it must still go before a judge for approval. If either party rejects the assessment, the Board will issue an Authorisation allowing the claim to proceed to court.
Important: Medical negligence claims are an exception to this process and follow a different pathway (see below).
Medical Negligence Claims Involving Children
Medical negligence claims are treated differently under Irish law. They do not go through the Injuries Resolution Board and instead proceed directly to litigation. This is because medical negligence cases involve complex questions about whether the standard of care provided fell below what was acceptable, and these questions require detailed expert medical evidence.
For children, medical negligence claims most commonly arise from:
Birth injuries: Including injuries caused by complications during labour and delivery, such as cerebral palsy (a condition that affects movement and coordination, caused by damage to the brain before, during, or shortly after birth).
Acquired brain injuries: Resulting from a failure to diagnose or treat conditions such as meningitis, hydrocephalus (a build-up of fluid in the brain), or infections.
Surgical errors: Where a procedure carried out on a child results in avoidable harm.
Delayed diagnosis: Where a condition is not identified promptly, leading to a worsened outcome for the child.
Michael Boylan Litigation has over several years of experience in medical negligence litigation, including landmark cases involving birth injuries and catastrophic harm to children. We understand both the legal and medical dimensions of these cases, and we work with leading medical experts to build the strongest possible case on your child's behalf.
The Court-Approval Hearing: What to Expect
One of the most important protections in a child's claim is that no settlement can be finalised without the approval of a judge. This applies whether the settlement was reached through the Injuries Resolution Board, through negotiations with the other side, or through court proceedings. This process is sometimes referred to as an infant ruling.
At the court-approval hearing, the judge will review:
The medical evidence: Including reports on the child's injuries, treatment, recovery, and any long-term effects.
The circumstances of the accident: How the injury occurred and who was responsible.
The proposed compensation amount: Whether it is fair and reasonable in light of the Judicial Council's Personal Injuries Guidelines.
The child's future needs: Including any ongoing medical treatment, therapy, or support that may be required.
Counsel's opinion: A barrister will provide a written opinion on whether the proposed settlement should be accepted.
The judge's role is to ensure that the compensation genuinely reflects the child's injuries and future needs. If the judge considers the amount to be insufficient, they can decline to approve it, and further negotiations or a full hearing may follow.
For parents, it is reassuring to know that this hearing exists specifically to protect your child. Your solicitor will prepare all of the necessary documentation and guide you through what to expect on the day.
What Happens to the Compensation After Approval
Once the judge approves the settlement, the compensation is typically lodged with the Courts Service and held on the child's behalf until they reach the age of 18. At that point, the funds are released to them.
In certain circumstances, applications can be made to the court to release funds earlier for specific needs such as:
Medical treatment or rehabilitation.
Therapeutic support.
Educational expenses.
Assistive equipment or home adaptations.
Your solicitor can advise on whether an early release application is appropriate in your child's case.
Time Limits for Children's Claims in Ireland
The standard time limit for personal injury claims in Ireland is two years from the date of the injury (or from the date of knowledge). However, for children, this time limit does not begin until the child turns 18. This means a young person has until their 20th birthday to bring a claim.
That said, it is generally advisable to act as early as possible. Evidence is easier to gather closer to the time of the accident, medical records are more readily available, and witnesses' memories are clearer. Starting the process early also gives your solicitor the time needed to obtain thorough medical evidence, which is especially important in cases involving children's developing bodies and long-term prognosis (the expected course of recovery).
Frequently Asked Questions
What is an infant ruling?
An infant ruling is the legal term for the court hearing at which a judge reviews and approves a settlement for a child. It is a mandatory step in all children's claims in Ireland, regardless of whether the case was resolved through the Injuries Resolution Board or through court proceedings. The purpose is to ensure the compensation is fair and in the child's best interests.
Can I access my child's compensation before they turn 18?
In certain cases, yes. The court can approve the early release of funds for specific, documented needs such as medical treatment, therapy, educational requirements, or necessary equipment. Your solicitor can make an application to the court on your behalf, supported by evidence of the expense.
What if the Injuries Resolution Board assessment is too low?
If you and your solicitor believe the Board's assessment does not adequately reflect your child's injuries and future needs, you are not obliged to accept it. The Board will issue an Authorisation, and your solicitor can then pursue the claim through court proceedings to seek a more appropriate outcome.
What types of injuries can a child claim for?
Children can claim for a wide range of injuries, including broken bones, head injuries, burns, scarring, soft tissue injuries, psychological harm, and injuries arising from medical negligence. The claim can cover pain and suffering, medical expenses, therapeutic costs, and any impact on the child's future.
Get in Touch
At Michael Boylan Litigation, we understand that when a child is hurt, the entire family is affected. We approach every children's claim with the care, sensitivity, and thoroughness that families deserve.
If your child has been injured and you would like to discuss your options, please contact us today. We are here to help.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
