Dear Claudine,

My daughter fell off a chair in a crèche when she was left unattended and broke her left arm. She was 4 years old at the time of the accident. She is now seven years old and still complains of pain in her left arm especially during the cold weather. I have been told that it is too late for her to take a claim for compensation. Please advise whether she may take a claim at this late stage.

Thank you.

Emily

Dear Emily,

Thank you for your e-mail. It is extremely important to remember that if your child has suffered an injury in any form of accident then his/her health and safety is much more important than any potential claim for compensation. As your daughter is complaining of pain, particularly in the cold weather, it is vital that you bring her to your general practitioner who will probably refer her to a hospital for an x-ray to be carried out on her arm. You have not told me whether your daughter is right or left hand dominant. Obviously, you do not want your daughter’s injury to impact on her life in the future. Therefore, she needs to be medically treated as soon as possible. The reality is that monetary compensation is no substitute for your child’s health and wellbeing. As your daughter would have attended a hospital for treatment following the accident approx. 3 years ago, her injuries would have been recorded in her medical notes and records, which can be obtained directly from that Hospital. Contrary to the information which you previously received, the law affords extra time for a minor victim/a child under 18 years old, to pursue a personal injury claim. Under the Statute of Limitations, which normally restricts a claimants right to pursue a claim to two years after the date of knowledge of the injury, allowance is made so that in the case of a minor, the date of knowledge of the injury is in fact the minor child’s eighteenth birthday. Therefore, time does not begin to run against your daughter until she attains her eighteenth birthday. She is therefore able to take a claim for personal injuries. The current law provides that your daughter has two years after her eighteenth birthday within which to pursue her claim. Despite this however, I would advise you to contact a solicitor as soon as possible after you have addressed your daughter’s immediate health concerns. It is advantageous for the case to commence as soon as possible as this will allow a solicitor to obtain relevant evidence including witness statements, medical records etc.. The procedure for a compensation claim where the claimant is a minor is that proceedings are issued in the name of the minor child’s mother, father or legal guardian who acts as his/her ‘next friend’. Further information about the distinctions which apply where a claimant is a minor child will be furnished to you by a solicitor. If you would like to discuss your concerns with me directly, then please do not hesitate to contact me at my office.

With Every Good Wish.

Claudine