Toronto Child Injury Lawyers

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 ensure your family gets the compensation you deserve. That’s not as straightforward as it may sound. Insurance companies and the negligent party will likely try to pay as little as possible, or nothing at all in compensation. The child injury lawyers at Auger Hollingsworth can help you as we have helped countless other local parents in Toronto.

Examples of 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
  • Accidents in parks or playgrounds
  • Injuries from defective child and infant products 
  • Injuries as passengers in car accidents
  • Organized sports accident injuries
  • Trampoline accidents
  • Psychological injuries
  • Injuries from another person or an animal (e.g., dog bite injuries)

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.

Common child accident injuries in Ontario

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.

It’s important to see a medical professional immediately, and then speak to a child injury lawyer if the injury was caused by the negligence of another party. 

Common injuries from child accidents include:

  • Falling off beds, out windows, down stairs, or on playgrounds.
  • Fractured or broken bones.
  • Drowning in pools or bath tubs if not properly supervised.
  • Poisoning due to ingesting toxic substances.
  • Touching something hot can lead to burns or scalds.
  • Being hit by a vehicle, or inside of one during a crash can lead to serious injuries.

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).

When to contact a child injury lawyer

If your child was injured due to the negligence of a caregiver, or in some kind of accident, you should speak to a personal injury lawyer as soon as you can to discuss your options. If you’re not sure if you have a case, or if someone was at fault or negligent, you should still speak to a lawyer to get their perspective. At our firm, we offer free consultations, so you won’t pay to hear our thoughts on whether you have a case or not.

Working with a personal injury attorney will help you by:

  • Negotiating with all involved insurance companies.
  • Increasing your chances of winning your case.
  • Identifying areas of damage or injury that you may have missed.
  • Representing you in court.
  • Providing in-depth knowledge of deadlines, damages, and potential compensation.
  • Avoiding potential losses in court.

Working with a lawyer is the best way to ensure your child’s injury is compensated fairly. Call Auger Hollingsworth at +1 (613) 233-4529  to set up your free consultation.


Free consultation after a child accident in Toronto

There’s nothing more terrifying as a parent than realizing your child has been injured, especially seriously. The extent of your child’s injuries might be mild, or they might be so severe they affect day-to-day life for both your child, and yourself. As your child’s caregiver, you may find your responsibilities doubled as you learn to care for them in their injured state, and may find that insurance isn’t as straightforward as you’d like.

That’s why it’s so important to speak to an experienced child injury lawyer to ensure you and your family get the compensation you need to adjust to your new life, not to mention hold the negligent party accountable. Our lawyers Richard Auger and Brenda Hollingsworth have represented hundreds of clients from all across Ontario, earning millions in damages on their behalf. 

Contact our offices as soon as possible after your child was injured to book your free consultation. Our team will meet with you wherever you’re comfortable, whether that’s in the hospital, your own home, or in our offices. We put your needs first, so you won’t pay us anything unless and until you get a settlement or judgement.

What to do after a child accident in Toronto

It may feel like the world is ending when you hear that your child has been injured at school, camp, daycare, or due to a myriad of other reasons. The first step is to calm yourself down, and not panic. You need to take care of your child, and you can’t do that if you’re panicking. 

After that, you should:

  1. Calm your child down and assess their injuries
  2. Seek medical attention immediately, both to ensure your child is okay, and so you’ll have medical documentation of what happened and the extent of the injuries.
  3. Document all the details of what happened, including speaking to witnesses, taking pictures of the scene, gathering medical records, etc.
  4. Meet with a personal injury attorney to discuss your case.

Your attorney will review all your records and tell you if you have a case or not, and how you can proceed. Working with a personal injury attorney will ensure your court case goes well, and you get the settlement or judgement your child needs in order to heal. And remember, with Auger Hollingsworth’s contingency agreement, you won’t pay anything unless we get you a settlement or judgement.


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

For more specific information about what type of damages you can receive after an accident, contact Auger Hollingsworth for your free consultation.

Frequently Asked Questions about Child Injuries

What is in the best interest 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.

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.

Can I wait to file a lawsuit after my child was injured?

It can seem tempting to wait after your child was injured to see how severe the injuries really are. But waiting can cause problems, as you may need to gather evidence or speak to witnesses that may be hard to find or gone by the time you start your case.

The statute of limitations on personal injury cases in Ontario is 2 years from the date of the accident. In the case of a child, though, you have until they turn 18 before the limitation period even begins. So you do have time, however, it’s best to speak to a lawyer as soon as possible to assess your case, especially in the event of a severe injury. That way you can seek the compensation your child needs for medical support and rehabilitation, and hold the negligent party accountable. 

Call Auger Hollingsworth today at +1 (613) 233-4529 to set up your free consultation and learn how our team can support you after your child’s accident.

Will my child injury case settle outside of court?

Estimates vary, but up to 90% of personal injury lawsuits settle outside of court, before even going to trial. The vast majority of cases like yours are settled during the mediation process, without ever needing a judgement. However, you should still be prepared to go to trial. While most cases settle, trials do still happen. You should work closely with your attorney to make sure that you have all the proper evidence and support, in case you go to trial. Your lawyer will help you through the entire process, training you to be a witness and take the stand if necessary.

Having a lawyer is essential if you go to court, as they’ll help to represent you and know all the ins and outs of the trial process. That’s why it’s so important to find an attorney that will put your needs first during the trial. Contact Auger Hollingsworth to set up your free consultation and learn more about child injury compensation.

To determine the claim amount, the amount of your damages and the extent of your injuries will be considered.

 A knowledgeable personal injury attorney can help you negotiate the best settlement or fight for a higher claim amount in court.

What Our Clients Say:

“I highly recommend the team at Auger Hollingsworth. From the moment I stepped through the doors for my initial consultation I knew I made the right decision. A huge weight was lifted from my shoulders!!! Thank you for saving me from my personal injury nightmare.”

Cynthia Baron

Rating: 5/5 ⭐⭐⭐⭐⭐

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.

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