Claiming personal injuries is a right for any individual. Adults can directly sue for personal injuries and seek monetary compensation. But if a child (a minor; someone under age 18) faces any personal injury, they, too, can take legal action to receive proper compensation for their loss. However, a child cannot directly sue for personal injury. A litigation guardian must represent them. This blog post will analyze how a child can take legal action and claim compensation for personal injury.
Understanding Children’s Legal Rights
Children are granted the legal capacity to seek compensation for the harm inflicted upon them due to someone’s negligence. Nevertheless, since minors cannot sue independently, a parent or guardian must do it. This legal principle is crucial as it provides that in any matter before any court, the child’s best interest shall be the primary consideration.
What Can be Considered as Personal Injury Cases with Children?
The two main areas where SG Injury Law assists claims involving children under the field of personal injury law, are the following:
- Car Accidents: Children can have injuries while travelling in a car, on a bicycle, motorcycle, truck or while walking, as a pedestrian.
- Slips and Falls: Such cases may happen in any playground, business, school or private residential premises.
Seeking advice from a personal injury lawyer can help manage such cases efficiently. A professional expert in cases of personal injuries involving a child ensures that the child gets the compensation they deserve.
Role of a Litigation Guardian
To answer the most vital question of this blog post, a child (below 18 years) cannot directly sue for personal injury. A litigation guardian must represent them in their case. This is usually a parent or a guardian who will make decisions concerning the child during the legal process. The litigation guardian’s responsibilities include:
- Interacting with the lawyer.
- Dealing with the issue of settlement offers in the court.
- Promoting and safeguarding the child’s best interest.
Statute of Limitations
Personal injury cases are usually governed by the rule of limitation, which sets the time frame for filing the case. It is generally longer for children, though. The limitation period for a child does not start counting until the child has turned 18. This means they have until their twentieth birthday to take legal action. However, it is recommended to approach a lawyer and report the case as early as possible to have enough evidence to make the case strong. One exception to this rule is if an Affidavit of a Litigation Guardian is sworn. This starts the two year limitation period. Also, for claims such as sexual assault, a claim is not subject to the two year limitation period.
Proving Liability and Damages
To succeed in a personal injury case, it must be proven that:
- Duty of Care: The defendant was in a position where he/she had a duty of care towards the child.
- Breach of Duty: The defendant failed to meet this duty either by committing an act or omitting an act they ought to have done.
- Causation: This led to the child’s injuries, and therefore the breach was direct.
- Damages: The child sustained damages, which include medical bills, pain and suffering, and future care needs.
Compensation for Child Injury
The compensation awarded in personal injury cases involving children can cover various damages, such as:
- Medical Expenses: If an injury causes the child to undergo medical processes and treatments immediately or in the future.
- Pain and Suffering: The psychological and physical effects resulting from the injury.
- Loss of Future Earnings: If the injury affects the child’s income-generating capacity.
- Rehabilitation Costs: Medical costs for physical therapy, counselling, and other forms of rehabilitation.
Settlements and Court Approval
Settlements in child injury cases are subject to court approval to ensure the settlement is in the minor’s best interest.
Consequences of Child Injuries in the Long Run
Childhood injuries may have consequences that last for years and can affect the child’s growth, education, and overall well-being. Hence, the child’s future must be considered when seeking a personal injury claim. A seasoned personal injury lawyer will consider all possibilities of future costs and difficulties to ensure that no aspect is left out of the claim.
Conclusion
The law enshrines children’s rights to claim injury compensation, and parents or guardians are responsible for helping the children exercise this right. Thus, by engaging with a professional personal injury lawyer, like SG Injury Law, families can navigate the legal maze, get the appropriate settlement, and concentrate on the child’s treatment and further development.
It is advisable to consult a lawyer if another person’s negligence has harmed your child. Stand up for your child’s rights and ensure that your child gets proper justice and compensation. If you are looking for a personal injury lawyer in Ottawa, Canada, visit SG Injury Law firm to discuss your case.