Why Taking the Right Steps Early Makes All the Difference
Accidents involving children can happen anywhere. At school, in playgrounds, in shops, on footpaths, or during supervised activities. When a child is injured because of someone else’s negligence, the steps you take immediately afterwards can influence the strength of their personal injury claim and the support they receive.
At Martin A. Harvey & Co. Solicitors, we have years of experience helping parents navigate the unique legal process involved when a minor is injured. This guide explains exactly what to do after a child suffers an accident, so you can protect their wellbeing and their right to compensation.
Step 1: Prioritise Your Child’s Safety and Medical Care
Your first concern should always be your child’s health, even if the injury doesn’t seem severe at first.
What to Do:
- If the injury appears serious, call emergency services immediately.
- For less urgent injuries, bring your child to your GP or nearest A&E as soon as possible.
- Request a written medical report outlining the injuries.
Why it matters:
Children often cannot fully express their pain or symptoms. Early medical documentation provides crucial evidence and ensures your child gets the right care from the beginning.
Step 2: Report the Accident to the Responsible Party
Just like adult claims, there must be an official record of the incident.
Who to Notify:
- School or creche management
- Sports club organisers
- Shop or property owner
- Event supervisors
- Local authority (if injured in public spaces)
What to Do:
- Ask for the accident to be recorded in the incident log.
- Request a copy of the report for your own records.
Why it matters:
An incident report provides a timestamp and an account of what happened, supporting your child’s version of events later on.
Step 3: Gather Evidence at the Scene (If Possible)
Children’s accidents often happen suddenly, but gathering evidence early can make a major difference to the success of a claim.
What to Capture:
- Photos or videos of where the accident occurred and the hazard involved (broken equipment, wet floors, damaged footpaths, etc.)
- Names and contact details of witnesses
- Notes on lighting, weather, supervision levels, or safety warnings
Why it matters:
Hazards can be fixed quickly, and without evidence, it may be difficult to prove negligence later.
Step 4: Document Everything After the Accident
A detailed record of your child’s recovery helps show how the injury has impacted them day-to-day.
Keep Track Of:
- Changes in symptoms or pain levels
- GP visits, hospital appointments, and treatments
- School days missed
- Extra care your child required
- Expenses such as medication, travel, physiotherapy, or specialist support
Why it matters:
Thorough documentation ensures that all costs, current and future, are included in the claim.
Step 5: Understand How the Law Works for Children
Children’s personal injury claims operate under different rules. They cannot bring the claim themselves.
Key Legal Points:
- A parent or guardian acts as the “Next Friend” in the claim.
- The standard two-year time limit does not start until the child turns 18.
- However, it is strongly recommended to start the process immediately.
Why it matters:
Waiting years to begin a claim makes gathering evidence far more difficult. Acting early protects your child’s rights and strengthens their case.
Step 6: Know That All Settlements Must Be Approved by the Court
Even if both sides agree on a settlement, it must be reviewed by a judge.
What Happens:
- Your solicitor applies to the court to approve the settlement.
- The judge ensures the compensation is fair and in the child’s best interests.
- The money is then placed in a court-managed fund until the child turns 18.
Why it matters:
This process protects children from being under-compensated.
Step 7: Seek Legal Advice Before Proceeding with PIAB
In Ireland, almost all personal injury claims, including children’s cases, must first go through the Personal Injuries Assessment Board (PIAB).
What Your Solicitor Will Do:
- Submit the PIAB application
- Gather medical and expert reports
- Handle communication with insurers
- Represent your child if the case proceeds to court
Why it matters:
Children’s claims are more complex, and expert legal guidance ensures the process runs smoothly and that compensation reflects your child’s needs today and in the future.
Conclusion: Protecting Your Child Starts with the Right Guidance
A child’s injury can be incredibly distressing, but taking the correct steps early can make a lasting difference in their recovery and long-term support. From medical care to evidence gathering and legal procedures, each stage plays an important role in securing the compensation your child deserves.
At Martin A. Harvey & Co., we are committed to helping families navigate this challenging process with clarity and compassion. If your child has been injured, we’re here to help you every step of the way.
Contact us today for confidential, professional advice.
📞 +353 (0)21-4963400
📧 maharvey@martinharvey.ie