Ottawa Child Injury Lawyers
No parent ever wants to receive the news that their child has been injured in an accident.
Unfortunately, whether they occur on the roads, at school, in a daycare centre or simply playing with a toy at home, child injuries are common in Ottawa.
Any accident can be hard to accept but the steps you take afterwards are important. Your child is dependent upon you to fight for the justice that he or she deserves and that can help the rebuilding process.
In many cases, a negligent driver, caregiver, teacher or another individual could have prevented the accident and it becomes necessary to file a personal injury lawsuit against the at-fault party.
The child injury lawyers at Auger Hollingsworth have been working with Ottawa families whose children have suffered serious injuries since 1999. We can help you as we have helped countless other local parents.
Practice Areas
Examples of child injury cases
A child is vulnerable and, as parents, it is impossible to protect them 24/7 everywhere they go. However, many accidents are avoidable and if a negligent third party can be held accountable, we will help you take the necessary steps to do so.
Most commonly, we represent parents whose children have been injured in the following types of accidents:
- School or daycare centre accidents
- Accidents at a school camp
- Injuries on school transport
- Swimming pool or park accidents
- Injuries from defective products (toys, car seats, strollers, etc.)
- Road accidents (as pedestrians or while cycling)
- Injuries as passengers in car accidents
- Organized sports accident injuries
- Psychological injuries
- Injury inflicted by another person or an animal
When a child is involved in an accident, no injury should be treated lightly. Whether a serious head or spinal injury threatens lifelong complications or a broken bone or fracture appears to heal relatively quickly, the injuries need to be thoroughly assessed by medical professionals and the consequences for the future addressed.
In the most serious accidents, the child dies and we need to pursue a wrongful death claim on behalf of the parents rather than a personal injury lawsuit.
What is required for child personal injury claims in Ottawa?
Your personal injury lawyer will look after the procedural responsibilities for making your personal injury claim, helping you complete the necessary paperwork, gathering evidence and communicating with the relevant parties.
Certain unique procedural requirements apply for personal injury claims for minors in Ottawa.
First, an adult must assume the role of the child’s decision-maker. They are termed the “litigation guardian” of the child and it is usually the child’s parent or guardian who steps forward to do this.
What is a litigation guardian?
The litigation guardian has the authority and responsibility to make all decisions on the child’s behalf concerning the litigation process.
He or she consults with one of our personal injury lawyers and instructs the lawyer to act on behalf of the child.
Personal injury claims can be complex and when children are involved, it can complicate matters. For this reason, the litigation guardian should work with a child injury lawyer with the necessary experience of representing minors.
What happens after a child injury settlement?
No settlement of a claim entered into on behalf of a child is legally binding until it has been approved by a court in Ottawa.
The child’s lawyer will ask the court to approve the proposed settlement by bringing a motion for court approval before a judge.
No court appearance may be necessary but considerable paperwork is required, including an affidavit from the litigation guardian explaining the facts and the reasons for supporting the proposed settlement. A minor over the age of 16 must also consent in writing to the proposed settlement unless the judge orders otherwise.
Seeking court approval before the settlement becomes legally binding is a protective measure to ensure that the settlement is in the child’s best interests.
Another measure taken by the Ottawa courts is for the child’s settlement funds to be “paid into court”. The funds are held by the accountant of the Superior Court of Justice until the child turns 18. They will only be released under special circumstances, such as if a disabled child requires funds for rehabilitation.
Any funds not paid into court must be invested conservatively by the child’s parent or guardian, such as a high-interest saving account or an annuity.
The child’s legal guardian may request that the court releases some funds for special or unexpected expenses before the child turns 18, even if they are paid into the court.
Best interests of the child
As with all family law and personal injury cases involving children, their best interests come first in court decisions.
When reviewing a proposed settlement, a judge will only approve it if it serves the child’s best interests.
This protects against a potential quick settlement strategy pursued by insurance companies to avoid larger payouts and also from mismanagement by the litigation guardian.
In this second part of a 3-part interview personal injury lawyer Brenda Hollingsworth describes what steps to take after an Ontario motor vehicle accident.
Get a FREE assessment from us here https://www.personalinjuryottawa.ca
Are you looking for expert advice after an accident? The smartest step you can take after any accident is to connect with a personal injury lawyer for a FREE consultation.
In Ontario, Canada, Personal injury lawyers Brenda Hollingsworth and Richard Auger with their team of experienced lawyers offer FREE, no-pressure, advice about your rights and entitlements when you have been hurt.
For more information on whether you have a claim for car accidents, motorcycle accidents, bicycle accidents, any other road accidents, accidents at work, slips and falls, etc, go to https://www.personalinjuryottawa.ca
The interview also discusses what information you should collect at the accident scene before you leave. Get the other driver’s name, address and driver’s license. Wait for the police if they have been called.
It is also important to get medical attention as quickly as possible. It is easier to prove your injury was caused by the accident if you see a medical doctor as soon as possible after the accident.
What if my child’s injury was caused by a daycare provider’s negligence?
Daycare injuries are relatively common in Ottawa. While most of these are minor injuries, more serious injuries can be caused by a lack of supervision and negligence.
In such cases, the daycare provider may be held liable and your child might be owed compensation for damages.
What Our Clients Say:
I am so grateful that one of our friends recommended you to be my lawyer. I am very happy and satisfied with your service. You always updated me on the progress of my case. Thank you for your services and professionalism. Congratulations and thank you for a great job. I would gladly recommend you to anyone who needs your help.
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Child injury lawyers in Ottawa
At Auger Hollingsworth in Ottawa, our child injury lawyers are well accustomed to working with litigation guardians from local families on claims for child injuries.
Our sensitivity and professionalism can help local parents and their children recover from their ordeal and claim the maximum financial compensation to aid future recovery.
We will work with pediatric neurologists, psychologists, education specialists, teachers, caregivers, and other professionals to support your claim.
Start with a free case evaluation with a qualified child injury lawyer.
