Child personal injury claims - the facts

If your child has had a personal injury that was not their fault, your immediate thoughts will turn to their well being and recovery.

Next, you may begin to wonder about what to do next, and who you might want to contact (for example, check out this personal injury lawyer in Dublin).

Many parents and guardians become conflicted over starting a claim on behalf of their child, as they do not wish to cause their child any further upset. Today, we’re going to dispel that myth and talk about time frames.

Very few cases progress to court

The very first fact that should put most parents’ and guardians’ minds at ease when considering the implications of beginning a personal injury claim on behalf of their child is that most cases do not progress to court. In fact, a vanishing small number of cases ever get that far. Why? The answer is simple: cost.

All personal injury claims are based on establishing blame and negligence. Where the party responsible for having caused an injury (either through direct action or through indirect action - such as not ensuring that everything that could have been done to prevent an injury was highlighted and followed up) understands that any progression of the case will only result in one outcome (i.e. establishing their guilt), there is very little point in continuing with the case. This will only increase their legal fees, both in terms of their legal team and court fees.

For this reason, an experienced personal injury lawyer who is able to put together a robust case that establishes negligence on behalf of the other side is the way to go. Make sure you read online reviews before you choose a lawyer, and be sure to check out whether the law firm is dedicated to personal injury cases.

You must act fast to begin your claim

By ‘fast’, we mean in the wider picture. The time limit on beginning a claim for personal injury compensation is generally three years, depending on where you are in the world. However, you would be unwise to contact a lawyer on the last day of this three year window, as the lawyer will require time to gather evidence before they are able to inform the other side of your intentions and file the claim through the appropriate channels.

For this reason, you must begin your claim as soon as possible, giving the lawyer ample time to investigate any avenue that may bear fruit in terms of evidence (for example, this could include approaching those who were present to gain eyewitness testimonies, and pursuing any CCTV opportunities).

In brief, you must act fast or potentially miss out.