If your child has been injured as the result of someone else’s negligence, you may be entitled to file a personal injury claim on their behalf. Here’s what you need to know.
LITIGATION REPRESENTATIVE
In Ontario, anyone under the age of 18 is considered a minor. The law recognizes that minors may not have a full understanding of their legal rights. Therefore, an adult must be appointed as a litigation representative to make a personal injury claim on their behalf. The litigation representative must look out for the minor’s best interests and is responsible for making all the decisions when it comes to pursuing legal action, including consulting a lawyer. If the minor turns 18 during the litigation process, they can choose to continue the process without a litigation representative.
LIMITATIONS PERIOD
The usual limitation period for filing a personal injury claim is two years from the date of the accident. However, when pursuing an injury case for a minor, the two-year limitation period doesn’t begin until the child turns 18. While this may seem like a lot of time, it’s important to take legal action sooner rather than later. If you miss the filing deadline, your child’s personal injury case could be barred from court, leaving you unable to pursue compensation.
COMPENSATION
The settlement amount is intended to cover an individual’s physical, emotional and financial damages following an accident. Although a child doesn’t have a career, their injuries could affect their ability to work in the future. Additionally, the child’s parents may require compensation for taking time off work to care for them. Finally, if compensation is won, it will not be given directly to the child. Instead, it will be held by the Accountant of the Superior Court of Justice until the child turns 18. However, the money can be accessed with the Court’s approval to help cover ongoing rehabilitation or assistive medical devices.
EXPERIENCED LITIGATION LAWYERS IN SAULT STE. MARIE
If your child has suffered harm due to someone else’s reckless behaviour, the team of lawyers at Feifel Gualazzi can help. We have extensive experience representing clients in personal injury cases involving serious and catastrophic injuries. We’ll tirelessly defend your child’s rights to ensure they receive the compensation they deserve. Contact us today for a free consultation, or to find out if you have a case