Will My Child Have to Testify in a Personal Injury Lawsuit?
Many parents are reluctant to seek legal compensation or to consult a personal injury lawyer for their children after an Ontario personal injury because they worry that their child will be traumatized or re-victimized by the Ontario court process.
Understanding Child Testimony in Personal Injury Cases
We understand your concern and will go out of our way to protect and prepare your child throughout. There are special laws in Ontario when a child is claiming compensation about when and how the child testifies.
If your child would be required to testify you can be certain that the lawyers at Auger Hollingsworth will practice with the child, show him or her the courtroom or court reporter’s office before the date of the examination, and answer as many questions as the child may have.
Factors Influencing Child Testimony and Legal Considerations
You can also be sure that whether it is in the courtroom or the reporter’s office, your lawyer will aggressively protect your child’s rights. Parents find it surprising that their child’s lawyer can be fiercely protecting their child while the entire process appears courteous and friendly to the child.
Your child may also be subjected to a medical examination at the request of the defence lawyers. However, you will be able to be present for the examination with your child.
For most other elements along the way, it is the adult parent or guardian who participates in the steps of the lawsuit, on the child’s behalf. The steps in a lawsuit are outlined here. On balance, if your child has been seriously injured the need for, and the possibility of compensation will far exceed any negative experience resulting from the court process.
