Children’s Personal Injury Claims – RP Crawford Solicitors Limited
At RP Crawford Solicitors Limited, we understand the distress and concern that arise when a child is injured. Protecting the rights and well-being of minors through personal injury claims is an area we are committed to. We have helped hundreds of families navigate the legal complexities to ensure that children who have been injured receive the compensation they rightfully deserve.
How Claims on Behalf of Minors Work in Northern Ireland
In Northern Ireland, a child (being a minor under the age of 18) cannot legally make a claim on their own behalf. Instead, a parent or guardian must act as a “Next Friend” to bring a claim for them. This Next Friend is responsible for managing the legal proceedings and making decisions in the best interest of the child. They must have no conflicting interest with the claim itself and are typically a parent or close relative.
The process involves the Next Friend instructing solicitors, like RP Crawford Solicitors, to pursue a claim. Any settlement awarded is held in trust until the child turns 18, although funds can be released earlier if they are required for the child’s benefit, such as medical treatment or educational needs.
Common Scenarios Where Children are Injured
Children can be especially vulnerable to accidents, and their injuries often warrant special consideration. Here are some common scenarios where children might sustain injuries leading to personal injury claims:
- School Accidents: These could involve slips or trips on school premises, injuries from school sports activities, or accidents during school trips.
- Road Traffic Accidents: Children are unfortunately often victims of road accidents, whether as pedestrians, cyclists, or passengers.
- Playground Injuries: Faulty playground equipment or unsafe surfaces can lead to significant injuries.
- Dog Bites: Young children are particularly susceptible to being injured by dog bites, which can occur in public places or private homes.
- Accidents in Public Places: These might include slips and falls in places like shopping centres, parks, or restaurants.
- Product Liability: Injuries caused by defective toys or children’s products that fail to meet safety standards.
Can My Child Make a Personal Injury Claim If I Was at Fault in a Car Accident?
If you were involved in a car accident and it was determined that you were at fault, your child is still entitled to make a personal injury claim. This claim would be directed against your motor insurance policy, rather than against you personally. It’s important to understand that the aim of this process is to ensure that any injuries sustained by passengers, including children, are appropriately compensated regardless of who is at fault.
How the Claim Works
When a child is injured in a car accident caused by the driver’s negligence—even if that driver is a parent—the child has the same right to compensation as they would if the accident were caused by someone else. In this case, your insurance would compensate your child in the claim, just as it would for any third-party claims made against you. The process involves:
- Instructing RP Crawford to issue a Letter of Claim: The letter of claim would be filed against your insurance policy. Your child (through a Next Friend, typically a parent or guardian not at fault in the accident i.e. your spouse or the child’s Grandparent) would seek compensation for injuries and any other damages resulting from the accident.
- Insurance Investigation and Compensation: Your insurance company would assess the claim to determine the extent of liability. As a passenger your child will never be at fault. We will gather relevant medical evidence and negotiate with the Insurer to obtain maximum compensation.
- Impact on Your Insurance: Since the claim is made against your insurance, it is likely that your premiums might increase, or other policy adjustments may be made. If you are having the costs of your vehicle repair processed through your own insurance or if the other vehicle occupants are pursuing a claim against you then your premium will be affected in any event. Clients often find it strange that their child is “suing them” but in reality, you are recovering compensation for your child’s injury against your insurer so this should not discourage you from ensuring that your child receives the compensation they need for their injuries.
Why Pursue a Claim?
It is vital to pursue a claim if your child has been injured, regardless of fault, to cover medical expenses, rehabilitation costs, and any long-term care needs that may arise from the accident. Ensuring that your child is fully supported in their recovery is crucial, and compensation from an insurance claim can significantly aid in this process.
FAQs: Children's Personal Injury Claims
In Northern Ireland, children under the age of 18 cannot legally start a claim themselves. Instead, a parent or guardian must act on their behalf as a “Next Friend.” This person will represent the child’s interests throughout the legal process.
A Next Friend is usually a parent or guardian but can be any responsible adult who has the child’s best interests at heart and no conflicting interest regarding the claim. The court needs to approve the appointment to ensure there is no conflict of interest.
Common accidents involving children that may lead to personal injury claims include:
- School-related accidents (e.g., falls, sports injuries)
- Road traffic accidents (as pedestrians, cyclists, or passengers)
- Injuries in playgrounds due to faulty equipment or poor maintenance
- Dog bites or attacks
- Accidents in public places like shops or restaurants
- Injuries due to defective toys or children’s products
Compensation awarded to a child is usually held in a court-secured account until the child turns 18. However, funds can be accessed earlier if they are needed for purposes beneficial to the child’s upbringing and welfare, such as medical care, educational needs, or special accommodations for disabilities.
The time limit for making a personal injury claim on behalf of a child in Northern Ireland is different from adult claims. The statutory limitation period begins on the child’s 18th birthday, giving them until their 21st birthday to make a claim. However, it is advisable to begin proceedings as soon as possible when evidence is fresh and more easily accessible.
First, ensure that your child receives the necessary medical attention. Document all medical treatments, keep receipts, and make detailed notes about the incident and any subsequent symptoms or difficulties your child experiences. Contact a solicitor experienced in child personal injury claims to discuss your case and understand your legal options.
Claims can typically include compensation for pain and suffering, cost of medical treatment, and other expenses related to the injury. If the injury leads to long-term or permanent disability, claims may also include costs for ongoing care, loss of potential earnings, and modifications to living arrangements.
After appointing a Next Friend, your solicitor will help gather evidence, possibly including medical reports, witness statements, and expert testimony to support the claim. They will negotiate with the responsible party’s insurers, and if necessary, represent the child’s interests in court.
Pursue a Claim with RP Crawford Solicitors Limited
If your child has been injured due to someone else’s negligence, it’s crucial to speak to a solicitor who can guide you through the process of making a claim. At RP Crawford Solicitors Limited, we handle each case with the sensitivity and dedication it deserves. We work tirelessly to ensure that every aspect of the child’s claim is managed professionally, from securing the necessary evidence to negotiating with insurance companies.
Contact us today for a free consultation
We are here to help you and your child navigate this challenging time with compassion and expertise. Let RP Crawford Solicitors Limited be your family’s advocate for justice and compensation.
Your Personal Injury Claim Specialists
Liam McDonald
Lucy Kelly
Gemma McCashin
Aine O’Kane
Amber Looney
Cathy Hillen
Michelle Hamilton
