An injury to a child can be an extremly alarming experience for the child, parents and family members. We at McGinley Solicitors understand and appreciate this and will be able advise you in clear terms if there is a reasonable prospect of making a successful claim for your child.
Please find below some information clarifying the position regarding minors and their rights regarding personal injury claims.
Who Makes the Claim?
If the child has suffered the injury under the age of 18, they are classed as minors. This means they are not yet old enough to engage a claim themselves so instead a parent or guardian will claim on behalf of the injured child.
What is the time limit for child claims?
Following an accident involving children, it is important to remember that there is a certain timeframe in place within which you can bring a claim. This time frame is called the statute of limitations and for children, the statute of limitations 2-year time limit does not start until they turn 18. However, a parent or guardian can bring a claim forward as soon as the accident happens.
What happens the injury claim?
Generally the claim monies awarded to the child will be invested in a court approved fund until they reach the age of 18. But if the child requires urgent care or medical attention, the judge can decide that a portion of the child’s claim money can be released for the child’s benefit.