As parents ourselves, we understand how frightening it is when your child is injured. It’s natural to feel angry, guilty, or overwhelmed. What matters most now is protecting your child’s future. If your child is injured due to another person’s negligence, then you would want to help them as best as you can. And in many cases, that means filing a personal injury claim on their behalf.
Child Personal Injury Claims in Ontario
A child’s personal injury claim in Ontario is different from an adult’s due to their legal status as a minor. Among the most common child injuries we see are head injuries, which can have lifelong impacts. Yet, they’re still vulnerable to the same dangers that adults are, including:
- Car Accidents: If your child suffers an injury from a car accident that another driver caused, whether they’re in the backseat or were driving the car themselves.
- Daycare Negligence: A daycare has an obligation to ensure your child’s safety. If your child is injured, you may be able to hold the daycare liable for the injuries.
- Unsafe Premises: A trip to the grocery store could be dangerous if the store fails to post a “wet floor” sign and your child slips and falls.
- Defective Products: Any product, such as car seats, strollers, and playground equipment, could have a faulty part that poses a risk of injury.
When to Take Legal Action for an Injured Child
In Ontario, a minor cannot file their own claim; only an adult aged 18 or older can file a claim on behalf of a minor. The child’s guardian would need to appoint a litigation guardian to act as their representative, make decisions for their best interests, and conduct the legal proceedings on their behalf. The litigation guardian is usually a parent or close family member.
How Long Do You Have to File a Claim?
In Ontario, adults generally have two years to file a claim from the date of the injury or the date the injuries were discovered, according to the Limitations Act, 2002. However, a two-year limitation period doesn’t apply to minors. It only begins when either:
- The child reaches their 20th Birthday, at which point it would be 2 years from being considered an adult, where the extended limitation period applies.
- If a litigation guardian is appointed, the limitation period may begin as soon as the affidavit is sworn (a written statement confirming an oath).
- If the child reaches their 20th Birthday but otherwise lacks mental capacity, the limitation period begins when the litigation guardian is appointed.
The Risks of Delaying Injury Claims for Children
It’s essential to consider the potential risks associated with waiting for too long. If a child were to wait until they turned 18 to begin the legal process, they risk hindering their case. As time passes, it becomes increasingly complex to collect evidence from the past, determine liability, and prove the impact of the injuries.
Having said that, given that the long term impacts of certain injuries on a young child may not be known until they reach puberty, or later, some of these cases take a significant amount of time to be ready to be settled.
Suppose a child suffered pain-and-suffering damages, which are already challenging to ascertain as non-tangible losses. Waiting to collect professional testimonials and medical evaluations can significantly increase the difficulty of proving your case in court. Even if the law allows for extra time to act, contacting a personal injury lawyer sooner can enable you to support your child as best as possible.
Court Approval and the Best Interests of the Child
In Ontario, any settlement for a minor will require approval from the Ontario Superior Court of Justice. The court oversees the legal process to verify that children are protected from unfair settlements. This process ensures the settlement is in the minor’s best interest. This process consists of the court undergoing a detailed review, including:
- The settlement amount;
- The amount of legal fees to be paid;
- The severity of injuries;
- Any potential long-term impact resulting from the injuries;
- How the settlement funds will be managed,
The settlement funds are often “paid into a court”. There is a bank account where the money is held and will collect modest interest until the child reaches the age of 18. However, a portion of funds may be released for necessary expenses, such as medical care, rehabilitation, schooling, or other exceptional circumstances.
Why Legal Guidance is Crucial in Child Injury Claims
Navigating a personal injury claim is tricky enough when you’re dealing with your own. Making a claim for your child and caring for their injuries at the same time can add a lot of stress and worry.
Parents may be struggling in these times and may potentially overlook certain damages. A personal injury lawyer has the expertise to build a strong and thorough case to achieve a fair outcome with tried and true steps:
- Gathering evidence such as witness testimonials or medical records.
- Establish liability that the defendant caused the injuries via negligence or misconduct.
- Proceed to mediation, negotiation, arbitration or litigation.
Please note: The court must approve a case involving a plaintiff who is a minor. This ensures the proposed settlement is reasonable and in their best interests.
How Child Injury Lawyers Support Your Family
Many parents worry about the legal process itself. From filing a statement of claim to examinations for discovery, mediation, and, if necessary, trial, an experienced child injury lawyer will guide you through every stage, ensuring you always know what to expect.
A child’s personal injury lawyer is invaluable for supporting families during these challenging times. While parents may be with their child throughout the treatment process, your attorney can ensure your child receives a settlement that covers current costs for the injury, and if future needs arise, such as long-term care or impact on their education.
Our lawyers also work closely with your child’s medical and rehabilitation team, from neurologists and social workers to teachers and case managers, to make sure your child has the resources and support they need beyond the courtroom.
Protecting Your Child’s Future
While the process for navigating a personal injury claim for a child may seem overwhelming, legal protections exist to safeguard your child’s best interests. Your child deserves justice, no matter the age. Even though there is extra time to file a claim, acting early helps to collect evidence and establish liability.
At David Hollingsworth, our team is committed to building a strong case and reaching a fair settlement that supports not only your child’s current needs but also their long-term needs. For any parent or young adult out there, you’re not alone. Connect with a trusted child injury lawyer for support during these trying times, and find the guidance that will represent you with your best interests at heart.
