Can Children File Personal Injury Claims?

Personal injury incidents can be complex processes that include a range of individuals – and this can even include minors. Slips and falls, vehicle collisions, and various other types of incidents can impact the lives of children.

In the complexity of such a situation, you might wonder if children can file a personal injury claim themselves. You might seek to know what the legal process is for minors in personal injury cases. In this guide, our personal injury lawyers will look closely at these questions and explore all you need to know about personal injury claims processes involving children.

Personal Injury Claims: Defining Children’s Legal Capacity to Sue

The legal principle of capacity to sue refers to one’s ability to start a lawsuit. In Canada, if a minor (defined as a person under the age of 18) is involved in a personal injury incident, they’ll typically not have the ability to file a lawsuit on their own.

The main reason children cannot file a personal injury claim independently is that they lack the legal capacity to engage in lawsuit actions. Additionally, minors cannot engage in contractual actions, such as signing legal documents. But what actions can take place if a child is involved in a personal injury incident?

Way a Child Could File a Lawsuit for Personal Injury

A litigation guardian comes into play when a child is looking to take legal action in this context. This means a parent or guardian will act in the best interests of the child, and, on their behalf, they will manage and file the lawsuit.

Personal Injury Lawsuit Processes Involving Children

There’s a difference between personal injury lawsuits involving adults and those involving children. The key difference is that filing the lawsuit must be done by an adult on behalf of the child. There are a few steps you’ll need to follow as the legal guardian, which we’ve looked at just below:

• Consulting with a lawyer – After seeking medical care for the child and documenting the incident, your first step is to contact and meet with a lawyer.

An experienced lawyer who has worked on child personal injury cases before will guide you through the process. They’ll also handle the detailed paperwork and advise on the laws of the specific province.

• Evidence gathering – Collecting evidence, such as a police report, medical history report, witness reports, or the support of expert witnesses, is an additional step required for such cases.

Part of this involves documenting the scene with photographs and witness statements. But beyond the scene, you will also need to gather any evidence that reveals medical treatment and its costs.

• Filing the claim – While a standard lawsuit has a limitations period, where the accident victim has two years from the date of the injury to file the claim, this MAY BE different in child personal injury cases.

Generally, the statute of limitations only begins to take effect when the child turns 18. This is not always the case and it is very important to consult with a lawyer to confirm the appropriate statute of limitations.  As the legal guardian, you therefore have a greater timeframe to file the claim on their behalf.

There is also a process by which the courts must approve settlements made to children; it is important to consult with a personal injury lawyer to

Considerations for Children in Personal Injury Cases

The needs of children, such as their medical treatment and future care, are taken into consideration in personal injury cases. For example, their compensation will reflect the medical treatment they require and the costs of future care, such as therapy sessions for emotional impact.

In terms of their educational needs, the child’s case outcome and compensation may reflect a delayed entry into the work force or delays as a result of missed time from their education. Compensation may be given to cover the costs of tutoring or additional classes – these will be geared toward helping the child achieve academic success despite the case.

Examples of Common Types of Child Personal Injury Claims

If you’re unsure whether your child’s personal injury incident is a valid case, we have provided a few examples of common types of claims, which you will find below:

• Car accidents – As a pedestrian, a cyclist, or a passenger in a car, a child may experience a motor vehicle accident. Such incidents could happen because of reckless driving or a vehicle defect, which can lead to a lawsuit filed by the child’s legal guardian.

• Slip and fall accidents – Floors that are slippery or uneven can lead to slip and fall incidents that impact children and lead to injuries. In situations like this, a personal injury law firm will focus on proving that the property owner is liable for the injury because their negligence led to unsafe conditions.
• Dog bites – A child may be vulnerable to dog bites, especially if they are small or lack the awareness to proceed with caution around animals. In cases like these, lawyers may seek to prove that the dog owner failed to take sufficient responsibility for their dog.
• Product liability – An unsafe toy, car seat, or product for children can cause harm to minors, leading to a personal injury. A lawyer in this scenario will focus on proving the manufacturer’s negligence or failure to provide the right warnings about a defective product.

What Personal Injury Lawyers for Children Do

Consulting with a personal injury lawyer for children is ideal because they can help you navigate a settlement. An experienced personal injury lawyer will then aim to get the maximum compensation approved by gathering extensive evidence and liaising with experts such as economists and medical experts. With the right evidence, they can prove the negligence of the defendant.

Experienced lawyers also understand how to work in the best interests of the child, doing so by assessing long-term needs, medical attention and care costs, educational needs, and more. Following these assessments, they advocate for the right compensation that aligns with the incurred damages.

Navigate a Child Personal Injury Case with the Support of Ristich Law

Child personal injury cases can be complex. They are also different when compared with standard personal injury cases, as the child will need the representation of a legal guardian or family member. If you are involved in a case like this or intend to initiate lawsuit proceedings, it’s best to gain the support of a lawyer.

At Ristich Law, we understand how to handle personal injury cases involving children. We have personal injury lawyers in Ottawa, Toronto and Whitby who can assist you throughout the case. If you believe your child is entitled to compensation, but are unsure about the legal process, contact Ristich Law today to navigate the case with confidence and ensure you receive the compensation your child deserves.