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How are Personal Injury claims different for Children?

crying child carried by parent

When your child is seriously injured because of someone else’s negligence, you are within your right to hold them accountable. However, the rules for personal injury claims regarding children has its own set of rules and can be quite different.

The two-year limitation starts on the day of their 18th birthday but the claim can be started anytime from the date of the injury to their 20th birthday.

If the claim is commenced while they remain under the age of 18, they require a Litigation Guardian to help them pursue the claim and provide instructions to a lawyer. The Litigation Guardian obtains all responsibility for all decisions made in the case.

There is an obligation in Ontario Courts to protect minors. This is why there are additional procedures and safeguards in place for cases involving anyone under the age of 18. There are instances when the Public Guardian and Trustee must be involved as well.

Firstly, the Court must approve a settlement before it becomes legally binding. Then the Court holds the settlement funds until the child turns 18. It is held by the accountant of the Superior Court of Justice. Once the child turns 18 years of age, then an application must be made to get the settlement funds paid out of court. Any interest accrued is tax free.

How is compensation awarded?

Unlike adults, children are growing and it can be difficult to determine proper compensation for their injuries. Injuries in children are difficult to quantify because the total impact on their quality of life is not fully known and the future challenges, complications, medical expenses and ability to work is not known with absolute certainty.

Consult a personal injury lawyer for advice.

The team at JEWELL RADIMISIS JORGE LL.P strongly encourages all Ontarians to engage in safe practices.

If you or a loved one have been injured, you may be entitled to receive the help you deserve. Contact us at JEWELL RADIMISIS JORGE LL.P and a member of our team will be happy to assist you.

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