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 you rebuild your lives.
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.
Common child accident injuries
Childhood can be dangerous, as children are often curious and do things they shouldn’t. That’s why children need adult supervision. But sometimes, those supervisors fail and the child ends up getting hurt. In those cases, it’s important to hold the negligent party accountable.
Childhood injuries can range from mild to quite serious, depending on the circumstances. Some of the most common types of childhood injuries include:
- Falls – Down stairs, off beds, out windows, and on playgrounds are some of the common places a child can fall and be injured.
- Broken or fractured bones – Can be caused by falls, road accidents, and more.
- Drowning – An unsupervised child in a pool may drown, or sustain other injuries.
- Poisoning – Young children may accidentally ingest poisonous substances.
- Burns and scalds – Leaving a child unattended near a hot object or surface can lead to burns and scalds, some of which may be serious.
- Road accidents – Being hit by or involved in a motor vehicle crash can lead to serious injuries.
Even seemingly-mild childhood injuries can cause serious complications or trauma to the child who was hurt. If your child was hurt because of the negligence of a care provider or motor vehicle driver, you should speak to a personal injury lawyer to learn if you have a case.
When to contact a child injury lawyer
If your child was injured in an accident or by the negligence of a caregiver, then you should speak to a personal injury attorney as soon as you are able to discuss filing a lawsuit.
Even if you’re not sure if someone was at fault, or if you have a case, you should still speak to an attorney and get their perspective. Auger Hollingsworth offers free consultations, so you won’t pay to hear our thoughts on your potential case.
Working with a lawyer will:
- Increase your chances of winning your case.
- Negotiating with insurance companies.
- Representing you in court.
- Providing in-depth knowledge of deadlines, damages, and potential compensation.
- Identifying areas of injury or damage that you might not realize are there.
- Avoiding potential financial loss in court.
Personal injury lawyers also often have contingency agreements, so you don’t pay them unless they get you a settlement or judgment. So speaking to a lawyer is low-risk, and high reward.
Working with a child injury lawyer is the best way to ensure your child gets the compensation your family needs to move forward after an accident. Call Auger Hollingsworth at +1 (613) 233-4529 to set up your free consultation today to find out how our experienced personal injury attorneys can help support you after your child’s accident.
Free Consultation after a Child Accident in Ottawa
Hearing your child was injured can be scary and uncertain. The severity of your child’s injuries may affect their daily life, and by extension yours as well. You may find yourself confused by insurance forms, and providing medical care to your child as they recover and adjust. That’s why it’s important to speak to an experienced child injury lawyer to ensure you get the compensation your family deserves. Our personal injury attorneys Richard Auger and Brenda Hollingsworth have represented clients from Ontario have helped hundreds of them file their claims, as well as earned millions in damages for their clients.
No matter how badly your child was hurt and how different your life is after the injury, it’s likely that the negligent party will try to dodge responsibility and insurance companies will try to avoid paying out. That’s why working with a lawyer is so important to ensure you get the compensation you deserve to help your child heal and your family adjust to life after the accident.
Contact Auger Hollingsworth as soon as possible after your child has an accident to book your free consultation. We’ll meet with you wherever you’re comfortable, whether that’s in our office, in your own home, or in the hospital where you’re recovering. We put your needs first, and you won’t pay anything unless and until you get a settlement or judgement.
What to do after a child accident in Ontario
If your child was injured at a daycare, school, camp, or due to a defective product or a myriad of other reasons, the first step is not to panic. And the next step is to make sure your child isn’t panicking, if you can. Keep them calm and assess their injuries, and decide if you need to go to the ER or not.
After your child is treated for their injury, you can think legally. You’ll want to document the details of what happened as much as you possibly can, and take means speaking to any witnesses, taking pictures, etc.. It can be difficult to determine what happened if you weren’t at the scene, but if your child was injured at school or daycare, they should have a record of what happened as well.
Once your child has been treated and you’ve gathered evidence, you’ll want to meet with a personal injury attorney who has experience with child accident cases. The attorney will review all your evidence and documentation and help you determine if you have a case, as well as how to proceed legally. Working with a personal injury lawyer will help you ensure your court case goes well, and you get the settlement or judgement your child needs in order to heal.
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.
Frequently asked questions about child injuries |
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 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. |
Would my child have to bring the lawsuit themself?No, since your child is a minor, the parent or legal guardian of the child will be responsible for everything regarding the lawsuit. That includes working with a lawyer, showing up in court, and making any decisions regarding the litigation process. |
Will my child injury case settle out of court?The vast majority of personal injury cases are settled during mediation. Estimates on that front vary, but up to 90% of personal injury cases settle before ever going to trial. That said, you should still be prepared to go to trial and to work closely with your lawyer to make sure you have all the evidence and support necessary if your case goes to trial. It does still sometimes happen, so you have to be prepared to fight for your child’s compensation. That’s why it’s so important to work with a trustworthy, experienced personal injury lawyer. Call Auger Hollingsworth at +1 (613) 233-4529 to set up your free consultation and learn more about child injury compensation. |
What Our Clients Say:
“My case took place during this pandemic , It was very difficult but Calla Rose and staff were adamant in moving forward with the process and were very successful in reaching a settlement. I am very happy and pleased with the professionalism of Auger Hollingsworth, you have a great team. Thank You!”
Rating: 5/5 ⭐⭐⭐⭐⭐
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.
