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Details Of The Way Personal Injury Claims Involving Minors Work

Details Of The Way Personal Injury Claims Involving Minors Work

If your child was involved in an accident, your first concern is his/her health and safety

. Getting the necessary medical care and assistance for your child is all that you can think of in such a circumstance. Even if there are no external injuries, it is better to get a medical check up done to ensure there are no internal injuries as well.

After your child receives the medical aid, you need to consider whether the accident was the fault of another entity. For example, a reckless driver hit the car you and your son were driving in. If this is the case, you need to consult a qualified and experienced solicitor to determine whether your child has a personal injury claim.

There are marked differences between the legal procedure regarding claims involving adult victims and the ones involving victims who are minors. Before you consult a solicitor, it is better to get an idea about this. Here are the important points of difference between injury claims involving adults and claims involving minors.

The statute of limitations applicable on personal injury claims Ireland is extended for minors. The statute of limitations for personal injury cases is two years. This period is calculated from the date of the accident, or in some cases, from the date of the discovery of the injuries. Details Of The Way Personal Injury Claims Involving Minors Work


For minors, it is the same; however, the difference is that for minors the period is calculated from the time they attain the age of 18 years. Whether your child was an infant, a toddler or a teenager at the time of the accident, they may take their claim to Court within two years after they turn 18 years old.

The next friend represents the minor in the claims process. While the minor injured in an accident has ample time to file a claim, it is better not to wait for such a long period. The reason is simple; establishing negligence and damages would be difficult after a long time. This is the responsibility of the next friend, i.e., the parent or guardian, of the minor.

It is the responsibility of the parent or guardian to apply to the Injuries Board Ireland on behalf of the minor. For this, you have to submit an Application Form, a Medical Assessment Form and the requisite fees. They would also have to determine whether to accept the compensation awarded by the Board.

The Court needs to approve the compensation awarded by the Injuries Board. The acceptance or rejection of the Injuries Board assessment depends on the victim when he/she is an adult. In case of a minor victim, the parent or guardian may accept the compensation on their behalf; however, this needs approval from the Court to be awarded.

The Court analyses the documents involved and checks the compensation awarded by the Injuries Board. If it deems this appropriate, it approves the compensation and orders the Respondent to deposit it in an account operated by the Court funds office. The child may be able to get this award after he/she is 18 years of age.

by: Daniel Smith
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Details Of The Way Personal Injury Claims Involving Minors Work