How To Handle Personal Injury Claims Involving Children?

Blog Author Personal Injury Law

Children are fragile, both in terms of their developing brains and physical state. Thus, when a child gets hurt, it is an extremely serious matter and treated differently than if the injured were an adult. You will need to contact a personal injury lawyer in Waterloo to ensure that there are no missed steps or lack of documentation or evidence that might stop justice.

Recovering Damages For An Injured Child

In Ontario, a child will be able to recover damages for their losses, including damages for potentially lifelong medical care. In many cases, a child will be granted more benefits and damages than an adult with the same injuries. This is because they are often left needing lifelong care which makes it a longer span of time than an adult would need.

Loss of Companionship

The loss of a parent or grandparent can be traumatizing for children and literally turn their lives upside down. This is why children can file a lawsuit in order to obtain compensation for their loss of companionship. Allowances in such cases vary between areas which makes it vital to obtain legal counsel.

Building The Case On Behalf of The Child

Since children aren’t actually capable or allowed to build their own cases and file their own lawsuits, they are obligated to be represented by a lawyer. The lawsuit itself then needs to be filed by a legal guardian or parent on behalf of the child. Once this lawsuit has been filed, the court is in a position where they can designate a person to serve as litigation guardian for the child. In the vast majority of cases, this guardian is either a parent or relative of the child.

Obtaining Court Approval

While not always a necessity, there are cases in which an injured child is incapable of deciding whether a settlement offer should be accepted or not. Under such circumstances, the court will either ask a public trustee to decide if the offer is favorable to the child, or the court will make the decision themselves.

Minors Under Canadian Law

In Canada, the age of majority varies between provinces and even territories, so it is important to check your local laws. However, across all of Canada it is either eighteen or nineteen.

Public Trustees

The compensation granted by the court is oftentimes handed to a public trustee or guardian. As a result, they are then able to control when a distribution is made for the care of the child. However, if a parent happens to disagree with a financial decision made by the trustee, they are allowed to request a review process.

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