Advice for Parents of Children Injured in a Car Accident

A child injured in a car accident is every parent’s worst nightmare. Whilst keeping your composure in such a scenario may be very difficult, there are numerous things you must try to do for the benefit of your child’s immediate well-being and future. In this short guide, we outline some of the most important considerations.

My child has been injured in a car accident. Who is liable?

Liability for a child’s injury depends on who caused the crash. If another driver was at fault, they, or their insurance company, may be liable for costs and damages. If the accident was caused by the driver of the vehicle the child was in, that driver may be responsible. Early consultation with a personal injury solicitor is advisable to assess specific details of your case, as multiple parties can share responsibility in complex accidents.

A reckless driver caused their injury. What steps should I take?

1. Seek medical care – obviously, your priority is to ensure that your child receives immediate medical attention. This is a stressful and upsetting time for any parent but it’s essential to keep a cool head and ensure that you document all your child’s treatments and expenses.
2. File a report with the Garda – it’s vital to inform the Garda as soon as possible to document the accident and reckless behaviour. If criminal behaviour is involved, you should call the emergency line immediately.
3. Gather evidence – whilst tending to your child will undoubtedly be your focus, it’s important to collect witness statements and other evidence such as photos and dashcam footage. If you were too upset to do this at the time, you may be able to secure photos and video taken by other witnesses at a later point.
4. Contact your insurance company – you will need to notify both your and the other driver’s insurance companies.
5. Consult a personal injury solicitor – your solicitor will help guide you through the legal process, negotiate with insurance companies, and ensure you get the full compensation your child deserves for their injury and its long-term impacts.

What sort of evidence is required to bring a claim?

To bring a successful claim for your child you’ll need evidence such as a report from the Garda, medical records detailing the injuries and treatments, and eyewitness statements. Photos or videos from the accident scene showing damage, road conditions, or the reckless behaviour of the liable driver will help build your case. Additional evidence might include traffic camera footage, expert testimony, and proof of expenses. Consistent documentation of the injury’s impact on your child’s life, such as school absences or emotional distress, can also strengthen the claim.

How do personal injury claims involving children differ from those involving adults?

Personal injury claims involving children under 18 have specific rules that differ from those involving adults. One of the main differences is that children cannot legally file a claim on their own. Instead, a parent or guardian, referred to as a “next friend”, must initiate the legal proceedings on behalf of the child. This person represents the child in all legal matters and ensures that their best interests are protected throughout the process.

Another significant distinction is that any settlement involving a minor must be approved by the court. Even if an agreement is reached between the parties or with an insurance company, the court must assess and approve the settlement to confirm it is fair and reasonable for the child. This ensures that the child’s future needs, such as ongoing medical treatment, are adequately considered. Furthermore, while adults typically have two years from the date of the injury to file a personal injury claim, children benefit from an extended time frame. The statute of limitations begins on their 18th birthday, meaning they have until they turn 20 to bring a claim, providing additional flexibility if a claim wasn’t filed earlier.

Can I claim compensation for expenses I have incurred?

Yes, you can claim compensation for expenses incurred due to your child’s injury, including loss of earnings from taking time off work. In a personal injury claim, this is covered by a “special damages” award which may also cover medical expenses, travel costs, and any additional care or support needed for your child. You must provide evidence of these costs, such as receipts, wage slips, and documentation showing time taken off work.

What happens to my child’s settlement money?

If your child receives compensation, there are specific legal measures in place to ensure the funds are managed responsibly until they reach adulthood. This involves:

• Court Approval – Any settlement involving a minor must be approved by the court, even if the case is settled outside of court. This process, called an “infant ruling”, ensures that the amount offered is fair and in the child’s best interests.
• Management of Funds – Once the settlement is approved, the money is usually not paid directly to you or your child. Instead, the funds are held in trust by the courts or by the financial institution nominated by the courts.
• Access to Funds – The money is held securely until your child turns 18, at which point they gain full access to the funds. In certain scenarios, you may apply to the court to access some of the funds before the child reaches adulthood, such as for medical expenses, education, or care costs directly related to your child’s injury.
• Release of Funds at 18 – Once your child reaches 18, they can apply to have the money released to them. The courts will facilitate the transfer of the money, including any interest that has accumulated.

The system is designed to protect your child’s financial interests and prevent any mismanagement or misuse of their compensation until they are legally old enough to take control of the funds.

Are personal injury claims involving children handled by the Injuries Board?

Yes, personal injury claims involving children are initially handled by the Injuries Board. However, there are some key differences compared to adult claims. Since children cannot legally represent themselves, a parent or guardian must submit the claim on their behalf. If the board makes an assessment of compensation and both parties agree, the settlement must be approved by the court to ensure it is fair and in the child’s best interests. If the case does not settle through the Injuries Board process, it may proceed to court for further resolution.

Require assistance with a claim?

At McCarthy + Co Solicitors LLP, our personal injury team has extensive experience in bringing successful road traffic accident claims involving both adults and minors. If you or your child has sustained an injury in a car accident, contact us today for a free and impartial discussion about your case by completing our confidential online form.