How To File Personal Injury Claim If My Child Is The Injured One?

We view children as precious and fragile, so when they get injured, we tend to panic. After all, trauma stays with you, and severe injuries can have a huge impact on the rest of the child’s life. Thus, what happens if your child gets injured as the result of somebody else’s negligence?

For one, you should know that you can always take advantage of a lawyer’s free consultation session in which you can obtain the base knowledge surrounding your options moving forward. The best lawyer to ask for a consultation would be one who has a track record of successful settlements in personal injury cases revolving around injured children.

Children Will Generally Obtain Higher Settlements

In Canada, injured children are entitled to recover damages for their losses if their injuries stem from an accident. In cases of severe injury, children are often even entitled to obtain lifelong medical care if necessary. As a result, settlements can shoot up into the millions, simply due to the fact that they will need extensive medical care over a significantly longer period of time than an adult would.

Children Can Request Compensation When They Lose A Family Member

Even if it isn’t the child who gets injured, but rather a parent or grandparent, the child may still be entitled to recover damages. Loss of companionship is traumatizing for anyone, but even worse for a child who has likely never dealt with great loss, and is still heavily dependent on guidance and companionship. In order to determine how much compensation, the child is entitled to, it is highly important to contact a local lawyer with experience in this field. They will be able to help you get justice.

Children Can’t Directly Bring Cases In Court

This may be obvious, but children cannot bring a legal case in court, which means that a parent or guardian of the child will need to start the lawsuit on their behalf. This is still the case, even if a lawyer has been brought on board. Once the lawsuit has been filed, a litigation guardian may be appointed by the court who will then continue the case on the behalf of the child. While the role of litigation guardian is often taken on by a relative or parent, it isn’t a requirement.

Court Approved Settlements

Since children cannot make informed decisions on legal matters, settlements will need to be approved by either the courts or a public trustee. It is best to consult with an injury lawyer in Kitchener to ensure that the child gets the compensation that they truly deserve.