Toronto Child Injury Lawyers
When a child is injured in an avoidable accident, it’s not surprising when parents become emotional and angry.
Any injury to a child is hard to accept, especially when it is due to the negligence of a driver, caregiver, teacher or another individual. But the steps that parents or guardians take next should be considered and deliberate.
Your child is dependent upon you to pursue liability for the injuries by the negligent party and the rightful compensation to make the future a little easier.
Child injury accidents may happen on Toronto’s roads, at school, in daycare centres or even at home. They are more common than we care to imagine and, when due to third-party negligence, a personal injury lawsuit may be necessary to gain the compensation that your child is entitled to.
That’s not as straightforward as it may sound. Most parents need assistance with the process. The child injury lawyers at Auger Hollingsworth can help you as we have helped countless other local parents in Toronto.
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Common child injury cases in Toronto
With an injured child, it is challenging for parents to know what to do next. After the child receives medical care for the injuries, thoughts may turn to the legal options available.
Your options will depend partly on the extent of the injuries and how they were caused (was a “duty of care” breached?). Typically, the child injury lawyers at Auger Hollingsworth in Toronto look after claims for the following types of injuries:
- School or daycare centre accidents
- Accidents at a school camp or on a school outing
- Injuries on school transport
- Swimming pool accidents (unsecured or unsupervised pools)
- Accidents in parks or playgrounds
- Injuries from defective child and infant products (toys, car seats, strollers, etc.)
- Road accidents (pedestrians, cyclists, etc.)
- Injuries as passengers in car accidents
- Organized sports accident injuries
- Trampoline accidents
- Birth defect injuries
- Psychological injuries
- Injuries from another person or an animal (e.g., dog bite injuries)
No child injury should be treated lightly as all injuries can develop complications. A serious head or spinal injury may require lifelong care but even a broken bone can develop complications when healing.
All child injuries should be assessed by medical professionals and opinions sought about the potential future impact of the injuries before any settlement can be discussed with the at-fault party (or parties).
If the child dies, a wrongful death lawsuit may be filed rather than a personal injury lawsuit.
With legal action against a negligent party, the burden of proof is high and it may require considerable legal expertise to claim what you are due.
Determining the value of your child injury claim
Every child injury case is different and the total value of compensation you can expect will depend on multiple factors, including:
- The extent of the injuries
- The potential future impact of the injuries
- How many parties were at fault for the injuries
Generally speaking, the following types of damages can be sought in child injury cases in Toronto:
- Any medical expenses not otherwise covered
- Loss of quality of life
- Loss of earning capacity in the future
- Pain and suffering
How can you make a child personal injury claim in Toronto?
In Ontario, specific rules govern negligence against children and the personal injury claims process.
Your personal injury lawyer will be familiar with these regulations and ensure that due process is followed with your child’s personal injury claim. We will look after all of the necessary paperwork, evidence gathering and communicating with the relevant parties.
In child injury claims in Toronto, an adult must assume the role of “litigation guardian” or the child’s decision-maker. This is usually the child’s parent or guardian, who then has the authority and responsibility to make all litigation decisions on the child’s behalf.
Personal injury claims can be complex and, when children are involved, even more so.
If you are your child’s litigation guardian, you will consult with one of our personal injury lawyers and instruct the lawyer to act on behalf of your child.
Make sure that you appoint a child injury lawyer with the necessary experience of representing minors.
What are the special rules for child injury settlements?
Child injury settlements have some special caveats according to personal injury law in Ontario.
Firstly, no settlement of a claim entered into on behalf of a child will be considered “legally binding” until it has been approved by the court.
A motion for court approval must be brought before a judge with documentation, 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 generally consent in writing to the proposed settlement too.
These measures were introduced to protect the child’s best interests. Another measure involves the child’s settlement funds. These must be “paid into court”, which means that the funds are held by the accountant of the Superior Court of Justice.
The funds will be released when the child turns 18 or in special circumstances, such as if a disabled child requires funds for rehabilitation.
If funds are not “paid into court”, they must be invested conservatively (e.g., a high-interest saving account or annuity) by the child’s parent or 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.
Best interests of the child
For all family law and personal injury cases involving children, the best interests of the child are the primary consideration in any rulings from the court.
So, a judge will review a proposed settlement in a child’s personal injury case and only approve it if it serves the child’s best interests.
Some insurance companies pursue a quick settlement strategy to avoid larger payouts. The court prevents this by reviewing the settlement before granting approval. This system also protects against mismanagement of funds by the litigation guardian.
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Child injury lawyers in Toronto
At Auger Hollingsworth, our child injury lawyers are accustomed to working with litigation guardians from Toronto 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.
