Key Differences In Personal Injury Claims For Children

The biggest difference should be rather obvious, because it underscores the nature of a child’s rights. A boy or girl that has not yet reached the age of 18 years, does not have the rights of an adult. Consequently, he or she cannot file for a lawsuit.

How adults can use their rights to file on behalf of a child

The parent or guardian of an injured child can sue on that child’s behalf. If such an adult assumes such a status, then he or she becomes a litigation representative. That legal representative should speak with an Injury Lawyer in Kitchener. In that way, the same adult can learn the estimated amount of compensation that should be available to the injured child.

What those representing one or more children should know about the awarded funds

Expect a Public Trustee to be present, if the court awards money to an injured child, a boy or girl that is represented by an adult. The Public Trustee must consent to the procedure to be used for distribution and utilization of the awarded funds. Often the awarded funds get held in trust until the injured child becomes an adult.

The fact that such money gets placed in a trust does not deprive the child or access to funding for healthcare services. The money in trust can be used to cover the costs of healthcare. It can be used to pay for physical therapy. Some of the losses experienced by an adult have no relevance to an assessment of a child’s needs. For example, children do not suffer a loss of existing income. Furthermore, someone that has not yet attained to adulthood would have no good reason for claiming loss of housekeeping capacity. On the other hand, a child could suffer loss of future income.

Factors that Determine the Value of a Claim

The court will look at the severity of the injury that has been inflicted on a youthful plaintiff. Children that have been severely injured can expect to get a larger award. The nature of the doctor’s prognosis can then add to or diminish the value of that particular award.

With older children, the court will seek to learn as much as possible about the child’s abilities and talents. In addition, the court will try to uncover some information on the child’s principle interests. In that way, the court can better assess the extent to which the child’s physical or emotional problems might affect his or her future plans.

Seldom would a child be charged with negligence, unless he or she had failed to act in a manner that would be typical of other children of the same age. Still, a child’s behavior would get compared to an adult’s, if that same young person had behaved recklessly, while attempting to engage in what is legally viewed as a strictly adult activity.