Claims for Children in Personal Injury Cases Ireland: The Complete Parent Guide

Gary Matthews, Personal Injury Solicitor Dublin

Author: Gary Matthews, Principal Solicitor, Law Society of Ireland PC No. S8178 · 3rd Floor, Ormond Building, 31-36 Ormond Quay Upper, Dublin D07 · 01 903 6408 ·

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Summary: A child under 18 in Ireland cannot bring a personal injury claim independently. A parent or guardian acts as "next friend" to instruct a solicitor and manage the claim. All settlements involving a minor require mandatory court approval through a procedure called an infant ruling. Approved compensation is held by the Accountant of the Courts of Justice until the child turns 18. The standard two-year limitation period doesn't begin until the child's 18th birthday, giving them until age 20 to claim.

This guide is general legal information for parents in Ireland, not legal advice. Every case depends on its specific facts. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

The process at a glance: Child injured → parent acts as next friend → mandatory IRB application (€45 fee) → assessment or mediation → infant ruling (judge approves settlement in court) → funds held by Courts Service until child turns 18. The two-year time limit starts at the child's 18th birthday, not the accident date. Sources: Courts.ie. Citizens Information.

Contents
Next friend required: Parent or guardian brings the claim. They must have no conflict of interest. Courts.ie
Time limit: Two years from the child's 18th birthday (effectively until age 20). Civil Liability and Courts Act 2004, s.7
Court approval: Every child settlement must be approved by a judge through an infant ruling. Courts.ie
Fund custody: Compensation is held by the Accountant of the Courts of Justice until the child turns 18. Courts.ie
Child claim lifecycle from injury to fund release at age 18 Injury occurs → preserve evidence Next friend files IRB application Assessment or mediation Judge approves (infant ruling) Funds held → released at 18
Left to right: injury occurs → next friend files IRB application → assessment or mediation → judge approves settlement → funds held until child turns 18.

What is a child injury claim in Ireland?

A child injury claim in Ireland is a personal injury action brought on behalf of a person under 18 who was hurt through someone else's negligence, where a parent or guardian acts as "next friend" to manage the legal process because the child cannot instruct a solicitor independently. Under Section 2 of the Age of Majority Act 1985 , anyone under 18 is a minor and lacks the legal capacity to enter contracts. A parent, guardian, or other responsible adult must step in as the child's legal representative.

The claim follows a broadly similar path to an adult personal injury action: gather evidence, obtain medical reports, file with the Injuries Resolution Board (IRB, formerly PIAB), and pursue compensation for injuries and financial losses. Three critical differences separate child claims from adult ones: a responsible adult must bring the action, a judge must approve every settlement, and all compensation is held in trust until the child reaches majority.

How child injury claims differ from adult claims in Ireland
ElementAdult claimChild claim
Who brings the claimThe injured person instructs a solicitor directlyA parent or guardian acts as "next friend" on the child's behalf
Time limitTwo years from the date of injury or date of knowledgeTwo years from the child's 18th birthday (effectively until age 20)
Settlement approvalThe claimant accepts or rejects the settlementA judge must approve every settlement through an infant ruling
Where compensation goesPaid directly to the claimantHeld by the Accountant of the Courts of Justice until the child turns 18
Contributory negligence standardReasonable adult standardAge-adjusted standard (what a reasonable child of the same age would do)
Medical evidenceStandard orthopaedic or specialist reportsMay require paediatric specialists, growth plate monitoring, and developmental assessments
Financial liability for costsThe claimant bears the riskThe next friend may be personally liable for adverse costs

Jurisdiction: This guide covers Irish law only. The procedures, time limits, and compensation ranges differ from those in England, Wales, Scotland, and Northern Ireland.

Does your child have a potential claim?

Answer five questions to get an initial indication. This is general guidance, not legal advice. Every case depends on its specific facts.

1. Was your child under 18 at the time of the accident?

Initial indication: your child may have a potential claim. Based on your answers, the basic eligibility criteria appear to be met. A solicitor can assess the specific facts and advise on the strength of the claim. Call 01 903 6408 for a free assessment.
Your situation may still support a claim, but there are factors that need professional assessment. A solicitor experienced in children's claims can review the specific circumstances. Call 01 903 6408 to discuss your situation.
The time limit may have passed. In Ireland, claims for children must generally be filed before the child's 20th birthday. However, exceptions exist for delayed-onset injuries. Speak with a solicitor to confirm whether your case is still within time.
This guide covers Irish law only. If the accident happened outside Ireland, different rules apply. A solicitor experienced in cross-border claims can advise on the options available.

Who brings the claim? The next friend role

The next friend in Irish personal injury law is the adult who instructs the solicitor, makes procedural decisions, accepts responsibility for the claim on the child's behalf, and bears personal financial liability if the action is unsuccessful. Typically, a parent or legal guardian fills this role. Under Section 4 of the Personal Injuries Assessment Board Act 2003, the next friend submits the IRB application on the child's behalf.

The role carries genuine responsibility. The next friend owes a fiduciary duty to the child, meaning they must act entirely in the child's best interests at every stage. They cannot profit from the claim or make decisions that serve their own interests over the child's. A detail that catches many parents off guard: if the claim is unsuccessful and the defendant receives a costs order, the next friend, not the child, may be personally liable for those legal costs, because the minor typically has no independent estate to meet the obligation.

Under Section 150 of the Legal Services Regulation Act 2015, the solicitor is legally required to issue a written notice to the next friend setting out how legal costs will be calculated. This ensures full transparency about the financial exposure involved before any proceedings begin.

When can a parent not act as next friend?

Under Irish law, a person who could be joined to the proceedings as a defendant or third party cannot serve as next friend, because their interests would clash with the child's. The most common scenario: a child is injured as a passenger in a car driven by their parent. The child has a valid claim against the parent's motor insurance policy. Because the parent is effectively the defendant, they cannot simultaneously act as next friend.

In this situation, the other parent, a grandparent, or another independent family member can step in. The court needs to confirm that the replacement next friend has no conflicting interest. If the parent's own negligence caused the injury, whether through a car accident, a hazard at home, or inadequate supervision, a separate responsible adult must be appointed to protect the child's legal position.

Separated parents: Where parents have separated, either parent can act as next friend provided they have no conflict of interest with the claim. Disagreements about whether to bring a claim at all don't automatically create a legal conflict, but a solicitor should be consulted early to prevent complications.

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Decision tree: who can act as next friend for a child's claim in Ireland Was the parent at fault? No Yes Parent can act as next friend Parent CANNOT be next friend Other parent, grandparent, or independent adult appointed. Court confirms no conflict of interest.
Decision tree: if the parent caused the accident, another independent adult must act as next friend for the child's claim in Ireland.

How long does a child have to make a claim in Ireland?

The standard two-year limitation period for personal injury claims in Ireland does not begin until a child's 18th birthday, giving them until their 20th birthday to initiate proceedings, under the Civil Liability and Courts Act 2004. A parent or guardian can bring the claim at any time before the child turns 18, and doing so is strongly recommended.

The timing matters more than most guides suggest. While the law technically allows a claim to be brought up to the child's 20th birthday, waiting introduces serious practical risks. CCTV footage from shops, schools, and public spaces is typically overwritten within 7 to 30 days. Witnesses relocate or forget crucial details. Accident scenes are repaired. Hazards are removed. Evidence that would have proved negligence six months after the accident may not exist six years later. Filing early, once the child's health has stabilised and a medical prognosis is available, protects both the child's legal rights and the quality of the evidence supporting them.

Scarring claims, timing caution: Claims involving visible scarring should not be settled before the scar has fully matured, which typically takes 12 to 18 months. A child's skin heals differently from an adult's, and growth can alter a scar's appearance significantly. Settling too early almost always undervalues the claim.

Growth plate injuries: Fractures involving a child's growth plates can affect bone development until the child reaches skeletal maturity, typically between ages 14 and 17. The full extent of damage may not be apparent for years. Claims involving growth plate injuries often require interval X-rays over an extended period before a final prognosis can be given. Settling before skeletal maturity risks significantly undervaluing the long-term impact.

One further nuance on timing: the 18th birthday rule assumes the child is aware of the injury at the time it occurs. For delayed-onset conditions, where the effects of an injury only become apparent as the child misses developmental milestones (common in brain injuries sustained at birth), the "date of knowledge" may be later than the 18th birthday. In these cases, the two-year clock starts from when the young adult first becomes aware of the injury's significance, potentially extending the deadline beyond age 20. For children who suffered permanent mental incapacity from the injury (such as a severe brain injury), there is effectively no time limit, because the person never gains the legal capacity that triggers the limitation period. See our medical negligence eligibility guide for detail on these cases.

Unlike in England and Wales, where the limitation period for a child's claim is three years from the 18th birthday (giving until age 21), in Ireland the deadline is two years from the 18th birthday (giving until age 20). Parents reading UK-based guides should be aware of this critical difference.

How does the IRB process work for a child's claim?

Almost all personal injury claims in Ireland, including children's cases, must first go through the Injuries Resolution Board (IRB). Medical negligence claims are the main exception. The next friend submits the application on the child's behalf, using Form A and including a medical report from the treating doctor (Form B). The application fee is €45 online or €90 by post.

The IRB assesses the claim and proposes a compensation figure. Under the Personal Injuries Resolution Board Act 2022, claimants can now consent to mediation as an alternative to standard assessment. Mediation can resolve straightforward claims in 6 to 10 months rather than the standard 9-month assessment track. One aspect the official guidance doesn't cover: even if mediation produces an agreement both parties accept, that agreement is not binding in a child's case. A judge must still approve it through an infant ruling, because a minor lacks the legal capacity to be bound by a contract.

If the IRB assessment is accepted by the next friend, it must still be ruled by the court. If the assessment is rejected, or the respondent doesn't consent to assessment, the IRB issues an Authorisation allowing the case to proceed to litigation.

What is an infant ruling in Ireland?

Every settlement involving a child in Ireland must be formally approved by a judge through a mandatory procedure called an infant ruling, regardless of whether the settlement was reached through the IRB, mediation, or direct negotiation between the parties. Under the Rules of the Superior Courts, the infant ruling ensures the compensation is fair and in the child's best interests.

The application is made by way of an ex parte docket grounded on an affidavit. The grounding affidavit must exhibit:

  • The child's birth certificate (so the court knows when the child turns 18)
  • A written opinion from counsel (a barrister) on whether the settlement should be accepted
  • Medical reports detailing the injuries, treatment, and prognosis
  • Any other relevant documentation supporting the proposed figure

The judge reviews the severity of the injury, the long-term prognosis, and the proposed settlement amount. According to the Courts Service guidance, the court can only approve or reject a proposed settlement for a minor. It cannot alter the amount. If the judge considers the figure inadequate, the case must return for further negotiation or proceed to trial. Section 63 of the Civil Liability Act 1961 governs the costs implications when a lodgment is made in an infant action and the judge must decide whether to accept it or send the case to trial.

A timing detail that no competitor guide mentions: where a child's claim is settled through IRB mediation, the solicitor should apply for the infant ruling within three months of the mediated agreement. If this window is missed, the defendant's solicitor can list the case for mention, potentially creating delay and cost complications for the child's legal team.

Parents often worry about "going to court." In practice, an infant ruling is a short, administrative hearing, typically lasting 15 to 30 minutes. The next friend and child attend with their solicitor. Whether the child needs to be present depends on their age and the judge's preference. For very young children, attendance is not always required. The judge asks straightforward questions about how the accident happened, how the child has recovered, and whether there are any ongoing symptoms. If the judge is satisfied, the settlement is approved, and the funds are lodged with the Courts Service. The hearing is usually in chambers or a quiet courtroom, not a public trial setting.

What types of medical evidence do children's claims require?

Children's injuries often require specialist paediatric reports rather than the standard adult medical evidence. Judges scrutinise medical reports heavily in child cases because of the long-term developmental impact. The types of expert reports commonly needed include:

  • Paediatric orthopaedic specialist for bone injuries (not an adult orthopaedic surgeon), particularly where growth plates are involved
  • Child psychologist for behavioural changes in younger children, or a child psychiatrist for older children with diagnosable conditions
  • Developmental paediatrician for injuries affecting milestones in infants and toddlers
  • Paediatric neurologist for head injuries where cognitive development may be affected
  • Plastic surgery consultant for scarring, with follow-up reports after scar maturation

The distinction matters because an adult orthopaedic report may not address growth plate implications, and an adult psychiatrist may not recognise the age-specific ways children express psychological distress. Getting the right expert from the outset strengthens both the IRB assessment and the infant ruling.

Which court hears the infant ruling?

In Ireland, the choice of court for an infant ruling is not arbitrary, it's strictly determined by the settlement amount. Filing in the wrong court can result in adverse cost penalties.

Court jurisdiction for infant rulings in Ireland (2026)
CourtSettlement amountApplication fee
District CourtUp to €15,000€15
Circuit Court€15,001 to €60,000€60
High CourtAbove €60,000Varies

Source: Citizens Information, District Court. Courts.ie. Initiating proceedings in a higher court when the award falls within a lower court's jurisdiction risks severe cost penalties against the plaintiff under the Courts and Civil Law (Miscellaneous Provisions) Act 2023.

How much compensation for a child's injury in Ireland?

In Ireland, children's injuries are assessed under the same Personal Injuries Guidelines 2021 that apply to adults. The Guidelines replaced the Book of Quantum and set mandatory brackets for general damages (pain and suffering). A proposed 16.7% inflationary uplift was voted by the Judicial Council in January 2025 but rejected by the Government, so the original 2021 brackets remain the active benchmark.

Indicative general damages ranges for common child injuries (Personal Injuries Guidelines 2021)
Injury typeGuideline range (general damages)
Minor soft tissue, full recovery within 6 months€500 to €3,000
Minor fracture with full recoveryUp to €18,000
Moderate fracture€18,000 to €60,000
Minor anxiety/adjustment disorder, substantial recovery€500 to €15,000
Moderate PTSD with incomplete recovery€15,000 to €50,000
Noticeable scarring (face)€3,000 to €80,000
Severe head injury€100,000+

These are general damages (pain and suffering) only. Special damages, medical bills, travel costs, private tutoring, childcare, and home adaptations, are claimed separately and added to the general damages figure. Source: Judicial Council Personal Injuries Guidelines.

Unlike in England and Wales, where the Judicial College Guidelines apply and set different compensation ranges, Irish awards follow the Judicial Council's Personal Injuries Guidelines 2021. The Supreme Court confirmed the constitutional validity of these Guidelines in Delaney v PIAB [2024]. A proposed 16.7% uplift was paused by the Minister for Justice, so the original 2021 brackets remain in force.

To put the system in context: in 2024, the IRB processed 20,837 claims and paid out €168 million in total awards. Source: IRB 2024 Annual Report. These figures cover all personal injury claims, not just children's cases, but they illustrate the scale and functioning of the Irish system.

A detail that surprises parents: educational disruption is a recoverable head of damage. If the child misses school, needs private tutoring, or requires extra educational support because of the injury, these costs are claimable as special damages. Many families don't realise future schooling costs are recoverable and leave significant compensation on the table.

How do psychological injuries differ in children?

Children manifest psychological trauma differently from adults, and Irish courts require specific evidence to support these claims. Where an adult might report flashbacks or hypervigilance, a child may show regression, bedwetting after being dry, thumb-sucking, separation anxiety, school refusal, disturbed sleep, or loss of appetite. These behavioural changes can form a substantial component of the claim, sometimes exceeding the value of the physical injury.

To succeed in a psychological injury claim, the child must be formally diagnosed with a recognised psychiatric illness by a qualified professional (a child psychologist or psychiatrist). Mere upset, fright, or temporary distress does not meet the threshold. The Personal Injuries Guidelines include specific brackets for PTSD, adjustment disorders, and anxiety conditions. In Irish law, the criteria established in Kelly v Hennessy require that the psychiatric injury be shock-induced, caused by the defendant's negligence, and constitute a medically recognisable condition.

The difference between a strong psychological injury claim and a weak one often comes down to a symptom diary. Recording the child's sleep patterns, appetite, mood, school performance, and behavioural changes, day by day, starting immediately after the accident, provides the foundation for a child psychologist's expert report. Without contemporaneous records, proving the psychological impact becomes significantly harder.

Can a child be found contributorily negligent in Ireland?

Irish courts can reduce a child's compensation if the child's own actions contributed to the accident, but the standard applied is what can reasonably be expected of a child of the same age, intelligence, and experience, not an adult standard. Under Section 34 of the Civil Liability Act 1961, contributory negligence reduces damages proportionally but doesn't eliminate the claim.

There's no fixed age below which a child cannot be found contributorily negligent. In practice, very young children (typically under six) are almost never held to have contributed to their own injury, because they lack the cognitive capacity to assess risk. For older children, courts consider what a reasonable child of that age would have done. A 13-year-old who climbs an obviously unstable wall to retrieve a football may face a 20 to 30% reduction. A 5-year-old who runs across a car park won't.

Insurers routinely raise contributory negligence as a defence in child claims. Understanding the age-adjusted standard helps parents and their solicitors push back on inflated reduction arguments.

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Where does the compensation go in Ireland?

Approved compensation for a child's personal injury claim in Ireland is never handed to the parent or next friend. Instead, the settlement is lodged with the Accountant of the Courts of Justice and held in an interest-bearing account until the child turns 18. Once the judge approves the infant ruling, the insurance company or defendant pays the settlement directly to the Accountant of the Courts of Justice.

One aspect the official guidance doesn't cover: a settlement lodged when a child is 5 or 6 will accumulate over a decade of compound interest. The eventual payout is often meaningfully higher than the assessed figure. However, parents should be aware that while compensation for personal injury is generally exempt from income tax in Ireland, interest earned on the held funds may be subject to tax. Financial advice should be sought when the child approaches 18.

Estimate: how much could the fund grow by age 18?

This is a general illustration only. Actual returns depend on the rate applied by the Courts Service. Interest rates vary and are not guaranteed. This is not financial advice.

Estimated total at age 18:

Settlement: · Estimated interest: · Years held:

This is a general illustration. Actual returns depend on rates applied by the Courts Service and may be subject to tax on the interest component. Seek financial advice before the child turns 18.

Can funds be released before the child turns 18?

Yes. In Ireland, the next friend can apply to the court for partial early release, but only for expenses that go beyond normal day-to-day parenting costs. According to the Courts Service guidance, courts typically approve early withdrawals for:

  • Specialised medical treatment or therapy related to the injury
  • Necessary home adaptations (wheelchair access, equipment)
  • Educational needs disrupted by the accident (tutoring, assistive technology)
  • Essential equipment the child needs because of their injury

The application requires a sworn affidavit detailing the reasons for the request and how the expense benefits the child. For District Court funds, the application fee is €15. For Circuit Court funds, it's €60. For High Court funds, the next friend initiates the process by emailing the Central Office. The court reviews whether the request genuinely serves the child's welfare and is not simply relieving ordinary parental expenses.

How does a child access the funds at 18?

At 18 in Ireland, the young adult applies directly to the Accountant's Office, no solicitor is needed, and there's no fee. According to Courts.ie, two routes are available:

  1. Personal application: The young adult completes a personal application form, signs it before a witness, and submits it with their birth certificate and bank details (BIC and IBAN) for electronic transfer.
  2. Solicitor application: A solicitor can apply by way of affidavit, including the original birth certificate.

The name on the application must match the name on the original court order and birth certificate. If names don't match (for example, after a change of surname), a separate court application is needed to amend the name, which adds cost and delay. Once the Accountant's Office receives the completed application, they process it and release the funds, including any accrued interest.

What if the child turns 18 during active proceedings? The next friend's authority ends automatically. The young adult assumes control of the litigation and must formally instruct the solicitor in their own right. The solicitor should prepare for this transition well in advance.

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What most guides miss about child claims

Most online guides cover the basics of child injury claims but stop at the definition level. They explain what a next friend is without covering the personal financial liability. They mention court approval without explaining what the judge actually reviews or which court has jurisdiction. They state funds are held "until 18" without explaining the application process to access them or the interest that accrues during that period.

The gaps matter because they leave parents making decisions without the procedural detail they need. The sections below cover the scenarios, edge cases, and practical steps that go beyond the standard overview.

Where are children commonly injured in Ireland?

Child injury claims in Ireland arise across every type of accident, from road traffic collisions to defective products. The legal route depends on where and how the injury occurred:

Common child injury scenarios and their legal frameworks
ScenarioLegal frameworkMore detail
School accidentOccupiers' Liability Act 1995, Board of Management liableSchool accident claims
Playground injuryOccupiers' Liability Act 1995, IS EN 1176/1177 standardsPlayground accident claims
Crèche or childcareOccupiers' liability + Tusla regulatory standardsCrèche accident claims
Car passengerMotor insurance, claim against at-fault driver's policyChild passenger claims
Shop, hotel, public placePublic liability, occupier owes higher duty to childrenChild public liability claims
Defective toy or productLiability for Defective Products Act 1991, strict liability
Birth injury / medical negligenceClinical negligence, Dunne principlesMedical negligence eligibility

Under Irish law, children are owed a higher standard of care than adults. Occupiers, schools, and childcare providers must anticipate that children may behave unpredictably, explore without caution, and fail to notice hazards that an adult would avoid. Failures that wouldn't establish negligence in an adult context can create liability when children are involved.

What if you don't claim now?

In Ireland, the child can bring their own claim after turning 18, provided they file before their 20th birthday. Not claiming during childhood doesn't extinguish the right. However, waiting years introduces serious practical difficulties: lost evidence, unavailable witnesses, repaired hazards, and fading medical records.

A common parental concern: "Can my child sue me at 18 for not claiming on their behalf?" The answer is no, the child simply has their own right to claim within the statutory window. But the quality of that claim will be severely compromised by the passage of time. Filing promptly, once the child's condition has stabilised, is almost always the stronger approach.

What evidence should you preserve immediately after a child's accident in Ireland?

The first 48 hours after a child's accident in Ireland are critical for evidence preservation, because hazards are repaired, CCTV footage is overwritten, and witnesses disperse before a solicitor can secure their statements. Parents should take the following steps as quickly as possible:

  • Photograph the hazard, the defect, wet floor, broken equipment, or road condition, not just the injury
  • Report the accident in writing, to the school, crèche, business, or premises manager
  • Obtain witness details, names and contact information of anyone who saw the accident
  • Attend A&E or GP immediately, even if the injury seems minor, medical records from the day of the accident establish a direct link
  • Start a symptom diary, record sleep, appetite, mood, school performance, and behavioural changes daily
  • Retain any defective product, the toy, equipment, or item that caused the injury, along with packaging and receipt
  • Request CCTV, commercial footage is typically deleted within 7 to 30 days. Make a written request under GDPR immediately
Evidence preservation timeline showing when key evidence disappears after a child's accident in Ireland Day 1 Accident scene may be repaired 7 days CCTV begins overwriting 30 days Most CCTV deleted. Witnesses relocate 3-6 months Witness memories fade significantly 1+ year Medical records may be harder to obtain ← Act early. The legal deadline is generous, but critical evidence disappears within days. →
Evidence preservation timeline: accident scenes are repaired within hours, CCTV overwrites in 7 to 30 days, and witness memories fade within months. Acting early protects the strength of your child's claim.
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Frequently asked questions

Can a child make a personal injury claim in Ireland?

Not independently. A child under 18 cannot instruct a solicitor or initiate legal proceedings in Ireland.

A parent, guardian, or other responsible adult must act as "next friend" and bring the claim on the child's behalf. The next friend instructs the solicitor, makes procedural decisions, and assumes financial responsibility for the claim. The child can also wait until turning 18 and bring their own claim, provided they file before their 20th birthday under the Civil Liability and Courts Act 2004.

The IRB's published data shows that child claims follow the same assessment process as adult claims, though the mandatory court approval step adds time to the overall timeline.

To understand how this applies to your situation, speak with a solicitor experienced in children's claims.

What is a next friend in Irish personal injury law?

A next friend is the adult who represents a child in legal proceedings in Ireland.

The next friend instructs the solicitor, makes decisions about the claim, and bears personal liability for adverse costs if the action fails. The next friend must have no conflict of interest with the claim. A parent who caused the accident cannot serve as next friend. The role carries fiduciary obligations, meaning the adult must always prioritise the child's interests over their own.

In practice, the most common issue is ensuring the right person is appointed before the IRB application is filed, particularly in car accident cases where a parent may have been the driver.

For guidance specific to your family's circumstances, a consultation can clarify your options.

What is an infant ruling in Ireland?

An infant ruling is the mandatory court procedure where a judge reviews and approves any settlement involving a child in Ireland.

The judge examines the medical evidence, a barrister's written opinion, and the settlement figure to confirm the compensation is fair and in the child's best interests. This applies whether the settlement was reached through the IRB, mediation, or direct negotiation. The judge can reject an inadequate settlement but cannot reduce the agreed figure below what the parties agreed.

Parents are often reassured to learn that infant rulings are short, administrative hearings rather than adversarial trials. The process typically takes less than 30 minutes.

Your solicitor will prepare all necessary documents and attend with you.

How long does a child have to make a personal injury claim in Ireland?

The two-year limitation period doesn't start until the child's 18th birthday in Ireland, giving them until their 20th birthday to file.

However, filing as early as practically possible, once the child's condition has stabilised, preserves evidence and strengthens the case significantly. CCTV footage, witness memories, and accident scene conditions all deteriorate over time. The legal deadline is generous, but the practical window for building a strong case is much shorter.

The timing of the medical prognosis is key. A solicitor will advise when the evidence is strong enough to proceed without settling too early on scarring or developmental injuries.

If you're unsure about timing, a solicitor can assess your specific circumstances.

Where does a child's compensation go after settlement in Ireland?

The money is lodged with the Accountant of the Courts of Justice and held in an interest-bearing account until the child turns 18.

The next friend can apply to the court for early release of funds for essential expenses such as medical treatment, therapy, or educational needs. Ordinary parenting expenses are not covered. At 18, the young adult applies directly to the Accountant's Office to access the full amount plus accrued interest, using a personal application form with no fee.

One detail that surprises clients: the accrued interest over 10 or more years can meaningfully increase the total amount received at 18.

A solicitor can advise on the early release process if your child needs immediate support.

Can a child be found contributorily negligent in Ireland?

Yes, but the standard of care is adjusted for age, intelligence, and experience under Irish law.

There's no fixed minimum age. Very young children (typically under six) are almost never held contributorily negligent because they lack the cognitive capacity to assess risk. For older children, courts consider what a reasonable child of the same age would have done. A finding of contributory negligence reduces the award proportionally under Section 34 of the Civil Liability Act 1961 but doesn't eliminate the claim.

Insurers routinely raise this defence, but understanding the age-adjusted standard helps build an effective response to inflated reduction arguments.

For advice specific to your situation, speak with a solicitor experienced in children's claims.

What happens if my child turns 18 during the claim?

The next friend's authority ends automatically when the child turns 18 in Ireland.

The young adult takes control of the litigation and must formally instruct the solicitor in their own right. If the settlement has already been agreed but not yet ruled by the court, the young adult may need to take their own legal steps to finalise it. The transition is common in claims that began in childhood but extend into young adulthood due to complex injuries.

The solicitor should plan for this transition well in advance to avoid any procedural gap that could delay the claim.

Your solicitor will manage the transition and explain the steps required.

Do I need a solicitor for a child's injury claim in Ireland?

There's no legal requirement to use a solicitor, but child injury claims involve procedural requirements that make professional guidance essential.

The next friend appointment, IRB application, medical evidence coordination, infant ruling preparation, and fund management all require specific legal knowledge. Errors in these steps can compromise the child's compensation or expose the next friend to personal liability. A solicitor ensures the claim is properly structured, the settlement reflects the child's needs, and the court approval process runs smoothly.

The difference between a well-prepared infant ruling and a poorly prepared one can be significant in terms of both the outcome and the court's confidence in the settlement.

If this applies to your situation, a solicitor can assess your specific circumstances.

Does claiming affect my child's future insurance premiums?

Personal injury compensation received by a child in Ireland does not appear on their motor insurance record and does not affect future premiums. The claim is against the negligent party's insurer, not the child's own insurance. The settlement is paid from the defendant's liability policy and has no bearing on the child's future cover.

Can I claim for my own losses as well as the child's?

If you incurred out-of-pocket expenses because of your child's injury, such as travel costs to medical appointments, lost earnings from time off work, or additional childcare costs, these can be claimed as part of the child's special damages. You may also have a separate claim in your own right if you witnessed a traumatic accident involving your child and developed a recognised psychiatric illness as a result.

What if the child was injured abroad but lives in Ireland?

Irish-resident children injured abroad may have options under the law of the country where the injury occurred. Some European claims can be pursued in Ireland depending on the circumstances. A solicitor experienced in cross-border personal injury can advise on jurisdiction and applicable law.

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References

  1. Age of Majority Act 1985, s.2, Irish Statute Book
  2. Injuries Resolution Board, Citizens Information (Updated 2025)
  3. Civil Liability and Courts Act 2004, s.7, Irish Statute Book
  4. Personal Injuries Assessment Board Act 2003, s.4, Irish Statute Book
  5. Legal Services Regulation Act 2015, s.150, Irish Statute Book
  6. Personal Injuries Resolution Board Act 2022, Irish Statute Book
  7. Approving a settlement for someone under eighteen, Courts.ie (Updated 2025)
  8. District Court, Citizens Information
  9. Courts and Civil Law (Miscellaneous Provisions) Act 2023, Irish Statute Book
  10. Personal Injuries Guidelines 2021, Judicial Council
  11. Civil Liability Act 1961, s.34, Irish Statute Book
  12. Accountant of the Courts of Justice, Courts.ie
  13. Accessing funds awarded for someone under eighteen, Courts.ie (Updated 2025)
  14. Civil Liability Act 1961, s.63, Irish Statute Book
  15. IRB 2024 Annual Report, Injuries Resolution Board (Published July 2025)
  16. Civil Reform Bill 2025, Department of Justice (Published January 2026)

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