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Birth Injury Claim Time Limits in Ireland

Birth injury time limits in Ireland can affect whether you are able to bring a claim, so it is important to understand the rules as early as possible.

Time limits are one of the most important and most misunderstood parts of a birth injury claim. Missing a deadline can end an otherwise strong case, so it is worth understanding the rules early. This page explains the time limit for birth injury claims in Ireland and the special rules that apply to children.

The general time limit

In general, you have two years less one day to bring a medical negligence claim. Importantly, this period does not always run from the date of the birth. It runs from your “date of knowledge”, which is the date you first knew, or ought reasonably to have known, that a significant injury was caused by negligent care. Because the connection between care and injury is sometimes only understood later, the date of knowledge can fall well after the birth itself.

The rule for children

A child cannot bring a claim on their own behalf. For this reason the two-year clock is paused until the child’s 18th birthday. In practice this usually means a young person can bring a claim up to the day before their 20th birthday.

A parent or guardian can also bring a claim earlier, on the child’s behalf, as their “next friend”. There are often good practical reasons to do so. Records are easier to obtain, recollections are fresher, and experts can be engaged while the events are more recent. Any settlement secured for a child must be approved by the court.

Persons who lack capacity

Where a person lacks the mental capacity to manage their own affairs, the time limit is generally paused for as long as that remains the case. The rules here are specific, so it is important to take advice on your own situation.

Birth injury claims do not go through the Injuries Resolution Board

Unlike most personal injury claims, medical negligence claims are not assessed by the Injuries Resolution Board. Filing with the Board does not stop the clock running. These claims proceed through the courts, which is one more reason to take specialist advice promptly.

Why acting early matters

Even where the legal deadline is some way off, the practical case for acting early is strong. Medical records take time to gather, expert review takes time to arrange, and the quality of evidence tends to fade as the years pass. The sooner a solicitor can begin, the stronger your position is likely to be.

Talk to us

To discuss your situation in confidence, call free on 1800 246442, email info@sweeneysolicitors.ie or book a video consultation. The initial consultation is free and there is no obligation. We have offices in Cork, Dublin and Limerick and advise clients nationwide.

This page is part of our wider guide to birth injury claims in Ireland. You may also wish to read our birth injury FAQs.

Reviewed by David Sweeney, Solicitor, Sweeney Solicitors. Last reviewed June 2026

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Disclaimer: This page is for general information only and is not legal advice. In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

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