When a child becomes injured in an accident or due to someone’s negligence, personal injury claims can become more complex. Personal injury claims filed on behalf of children are subject to many laws, considerations, and rules that other claims are not. In these cases, the legal system is designed to protect the rights and interests of the child, ensuring that they are represented properly and are not taken advantage of during the settlement process or trial.
Child injury claims are filed on behalf of “minors,” who are under the age of 18. For any injured person under this age limit, personal injury claims have to follow a standard process.
Ontario Child Injury Claims
Ontario child injury claims must include a “litigation guardian” who can represent the child. If a minor is injured and wishes to file a personal injury claim, they need to have a responsible adult who can represent them in legal proceedings.
This requirement exists because people under the age of 18 are considered a “party under disability,” as they do not have the mental capacity to represent themselves and make decisions. Litigation guardians represent minors, ensuring that their interests are protected. They are often a parent or relative; however, the court may also appoint a lawyer or public guardian to be the litigation guardian. In addition to a litigation guardian, the minor must also be represented by a lawyer.
Things to Know About Your Child’s Personal Injury Settlements
With a child personal injury claim, the child cannot file their own claim. Their litigation guardian has to file the personal injury claim, which usually means that their parents or guardian have that responsibility.
Children’s accident claims have more oversight than a typical claim. For instance, any settlement that is reached has to be approved by the court. This is to ensure that the settlement is fair and in the child’s best interests.
With child injury claims, a child can seek compensation for pain and suffering, disfigurement, or disability. If they were able to work at the time of the injury, they may also seek compensation for lost income. If they sustain a disability that will affect their ability to earn income in the future, they may also seek compensation for lost income. However, since medical bills are sustained by the family, they may have to be part of a claim on behalf of the child’s parents, depending on the province.
Children are also held to different standards than adults. For instance, while an adult may be found negligent for their injury due to their behaviour, a child cannot be held to the same standard. The child’s negligence depends on their age and their behaviour. Children may be found not negligent for behaviour such as trespassing on private property.
The compensation that a child receives can be held until they turn 18. This may not be the case if the child is emancipated, as well as in other special circumstances that may require exceptions. Courts are reluctant to release a child’s compensation to their parents, as this can create the opportunity for exploitation.
Contact Our Child Injury Lawyer in Toronto
If you are looking for Toronto personal injury lawyers who can represent your child’s injury claim, then Taverniti | Vashishth LLP is equipped to handle your case. We can represent your child with their injury claim, ensuring they get the best legal representation and that their interests are protected. We have experience handling personal injury claims ranging from dog bites to car and road accidents.
At Taverniti | Vashishth LLP, we understand that the legal process can be complicated and confusing, especially when it comes to children’s injury claims. That is why we work with each of our clients to help them understand the legal process, recover from their injuries as best as possible, and receive the compensation that they need. To arrange a free consultation with one of our lawyers, call (905)-264-8686.