# Personal Injury Claim for child



## post-it (14 Mar 2010)

Hi,

My child was injured in a public establishment recently, to which the establishment has said should not have happened.  Basically the accident resulted in my child having an injury to the face, where there was a cut that needed gluing.  We've been told that the scar will be there for life but will lighten greatly.  My child is under 5.  Basically a piece of the fixtures and fittings in this place snapped open(should have been locked/closed down) and caused the cut to the child's face.

We had to rush out of the place and bring child to A&E.  We returned the next day and establishment was very apologetic and said to write a letter detailing what happened and send in medical expenses.  They are going to fill out an incident report and look back at CCTV.  We returned so that this kind of accident would not happen to another child.

I am really upset about it.  We are not the type of people that sue at all - and both come from families who are of the opinion that no good will come from money from an insurance claim.  At the same time my darling child has a scar on the face now, through a faulty piece of equipment.

I suppose I'm asking the question, do I have the basis for a claim?  I will be sending in medical bill to get that refunded anyway.


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## MandaC (14 Mar 2010)

Yes, you have the basis for a claim.

We were also brought up to believe that insurance claim money was "bad luck".  I now see that is a load of old tosh.  

You will need to go through PIAB if you feel the need to submit a claim.

My mum was involved in a serious accident in a public place and what angered her at the outset was that the company involved did not even acknowledge her or apologise in any way for what was clearly their fault.  They would have been advised in this way by their insurers. My mum is still upset that they totally ignored it.

 The establishment in this case have had at least the decency to apologise and cover medical bills.

Can you make a claim?  Yes.
Would I make a claim?  Depending on where the scar will be on the childs face, how noticeable it will be and the size.


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## rosemartin (14 Mar 2010)

yes you will take the claim on behalf of your child.you wilneed medialreportsand get photos. depending on the establishment,contact a solictor and of course before you engage them ask what there fee is.


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## allthedoyles (14 Mar 2010)

As far as I know , if you decided not to claim on behalf of your child , then when  your child reaches 18 , he/she can sue you for not claiming on his/her behalf when he/she was under 5 .


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## j26 (14 Mar 2010)

allthedoyles said:


> As far as I know , if you decided not to claim on behalf of your child , then when  your child reaches 18 , he/she can sue you for not claiming on his/her behalf when he/she was under 5 .



No, the child has 2 years from reaching 18 to make the claim in her own right.  The Statute of Limitations doesn't run against children.  Having said that, it would be a difficult case to run.


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## Brendan Burgess (14 Mar 2010)

rosemartin said:


> contact a solictor and of course before you engage them ask what there fee is.



You may not need to contact a solicitor, but of course, you are free to do so.

http://www.askaboutmoney.com/showthread.php?t=132512


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## InjuriesBoard.ie (15 Mar 2010)

post-it said:


> Hi,
> 
> My child was injured in a public establishment recently, to which the establishment has said should not have happened. Basically the accident resulted in my child having an injury to the face, where there was a cut that needed gluing. We've been told that the scar will be there for life but will lighten greatly. My child is under 5. Basically a piece of the fixtures and fittings in this place snapped open(should have been locked/closed down) and caused the cut to the child's face.
> 
> ...


 
If you decide to make a claim, it must be submitted to InjuriesBoard.ie, the operating name for the Personal Injuries Assessment Board. General information on the process is here http://www.injuriesboard.ie/eng/Making_a_Claim/ and the issue of making a claim for a child is answered at Question 4 here http://www.injuriesboard.ie/eng/FAQ/#4.


The Board also has a Service Centre which can be contacted on Lo Call 1890 829 121 from 8am to 8pm.


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## Brendan Burgess (15 Mar 2010)

So, here is the key point:



> InjuriesBoard.ie will make an assessment of a claim brought on behalf of  a Minor in the normal manner. However a Court must approve any  Assessment when it has been accepted by both parties before the  Respondent can be directed to pay the amount involved.



So you will need a solicitor after the amount has been agreed. You might then choose to involve a solicitor from the start.

Brendan


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