My child was injured in an accident. Can I pursue a claim for my child?

Every year children are injured in accidents. When someone else’s carelessness or negligence has caused your child to suffer an injury, you have the right to pursue compensation for your child. As a parent, you would act as your child’s agent by being appointed a “litigation guardian” and you would make decisions involving your child’s claim. In Ontario, the Rules of Civil Procedure allow parents to be appointed litigation guardians so their children may pursue their claims. As the litigation guardian and parent, you can pursue a personal injury claim for compensation for your child.

Other than there being a litigation guardian, the process to advance a child’s claim is the same as for an adult. The main differences are that the child is represented by a litigation guardian (usually a parent), any settlement reached must be approved by a Justice of the Superior Court of Justice and the settlement funds are held in trust by the Court until the child turns 18, unless an order is obtained releasing the funds to a parent, for instance to pay for the child’s medical needs.

Representing a child who is injured does require an experienced injury lawyer who knows the complexities of injuries suffered by children. Often, the injuries are psychological or emotional and there can be long lasting consequences for the child. This element should be fully investigated by the right medical experts for a fair assessment of possible damaged to be completed. In some cases, economists and actuaries must be hired to calculate long term losses of income and future care costs.

Our lawyers are qualified child injury lawyers and can meet with you free of charge to discuss your child’s case. All of your answers can be answered in the meeting. At the end of the meeting you can decide what is best for your child. Our lawyers take on child injury cases on contingency which means that no fees are charged until and unless there is a settlement.

Marc-Nicholas Quinn
Ottawa Child Injury Lawyer