If your child is injured due to someone else’s negligence or wrongful actions, the legal system in Ontario, Canada allows you to seek compensation related to those injuries. Since minors, anyone under the age of 18, lack the legal ability to sue on their own, a parent or guardian can pursue a lawsuit on behalf of the injured child. For example, if your child suffered serious whiplash and broken bones in a car wreck, Ontario car accident settlements allow you to pursue compensation on their behalf. The process for parents suing on behalf of their child is very similar to that of an adult filing a personal injury lawsuit, although there are some important considerations to keep in mind.
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What is a Lawsuit on Behalf of a Child?
A lawsuit filed on behalf of a child is a legal action where a parent or legal guardian acts as the child’s litigation guardian to seek compensation for injuries that the child has suffered in some sort of accident. The litigation guardian’s responsibility is to manage the legal process and to ensure that the child’s best interests are being represented throughout the case by their personal injury lawyer.
In most cases, these lawsuits involve personal injury claims arising from incidents such as:
- Car accidents
- Slip and fall accidents
- Medical malpractice
- School or playground accidents
- Defective products
- Sports injuries due to negligence
Since children cannot manage or understand the complexity of these types of legal proceedings, the law allows for their parents or guardians to represent them in court or during settlement negotiations.
How Does the Process Work?
The process for a parent or guardian to sue on behalf of an injured child follows specific legal steps:
Appointment of a Litigation Guardian – Before filing the lawsuit, the parent or guardian must be appointed as the child’s litigation guardian. This involves filing an “Affidavit of Litigation Guardian.” This affidavit is used to confirm that the parent or guardian:
- Is acting in the child’s best interests?
- Does not have a conflict of interest with the child.
- Will faithfully pursue the legal claim on behalf of the child.
The litigation guardian is responsible for making decisions about the lawsuit, working with the legal team, and determining whether to accept a settlement or proceed to trial.
Filing the Lawsuit – Once the parent is appointed as the litigation guardian, the lawsuit is filed in the appropriate court. The claim will give an overview of the child’s injuries, the negligence or wrongful actions that caused those injuries to occur, and the compensation or damages that are being requested.
Settlements and Court Approval – If the parties involved in the lawsuit reach a settlement, it must be reviewed and approved by the court to ensure that it is in the child’s best interests. Courts are particularly protective of children’s rights and will carefully assess whether the settlement amount is fair and adequate to cover the child’s current and future needs since ongoing medical treatments can be quite common in cases involving children.
Types of Compensation Available In Children’s Personal Injury Cases
When suing on behalf of an injured child, the parent or litigation guardian can seek various forms of compensation, including:
- Medical Expenses – Compensation may cover all medical expenses related to the injury, including hospital stays, surgeries, rehabilitation, medications, and future medical needs. This is especially important for cases involving children since long-term care or treatment can be required due to the fact that children are still growing and will often need follow-up treatments or even surgeries to properly manage their injury.
- Pain and Suffering – Children, like adults, can seek damages for pain and suffering caused by their injuries. This is a subjective category that compensates for the physical pain, emotional distress, and mental anguish the child has experienced due to the accident.
- Loss of Future Earnings – When a child has suffered a serious injury it could impact their ability to work or earn an income in the future. Compensation may be awarded to account for the loss of future earning capacity.
- Special Damages – Special damages can include the cost of any specialized equipment, assistive devices, or modifications to the home required for the child’s recovery or care such as wheelchair ramps.
- Parents’ Claims – In addition to the above compensation types that are typically also involved in adult personal injury cases, in a child’s claim, parents can also pursue compensation for expenses they have incurred while caring for the child, such as transportation to medical appointments, lost income due to taking time off work, and the costs of ongoing care for the child.
How Long Does a Parent Have To File a Claim For a Child?
There is a statute of limitations in which a parent can pursue legal action on behalf of their child. Ontario law imposes a limitation period for filing personal injury lawsuits, which is typically two years from the date of the injury. However, for minors, this limitation period does not begin until the child turns 18. Therefore, the two-year clock starts on the child’s 18th birthday, meaning they have until age 20 to file a lawsuit if no action was taken earlier.
If the parent or litigation guardian files a lawsuit on behalf of the child before the child turns 18, the standard two-year limitation period applies from the date of the injury.
Court Oversight of Compensation
One important aspect of lawsuits involving children is the court’s role in overseeing any compensation awarded. In Ontario, courts take extra steps to ensure that any money awarded in a lawsuit is used for the benefit of the child. If a settlement or award is granted, it may be held in trust until the child reaches the age of 18. In some cases, the court may approve the release of funds earlier if they are needed for the child’s immediate care or education. An experienced personal injury lawyer in Ontario will be able to help you determine the best course of action when it comes to dealing with the compensation awarded to your child.
Speak With a Personal Injury Lawyer When Your Child Has Been Hurt
In Ontario, a parent or legal guardian can sue on behalf of an injured child. The law ensures that children, who cannot advocate for themselves, have a chance to seek compensation for injuries caused by negligence or wrongdoing. By acting as a litigation guardian, parents can help secure the financial resources necessary to cover medical expenses, pain and suffering, and future care needs, all while ensuring the child’s best interests are upheld. If your child has been injured, the best thing to do is consult with a lawyer who can help guide you through the legal process, ensuring your child’s rights are fully protected.
