Can I Start A Personal Injury Claim On Behalf Of My Child?

Can I Start A Personal Injury Claim On Behalf Of My Child


Can I Start A Personal Injury Claim On Behalf Of My Child?

Parents and caregivers play a critical role in protecting children from accidents and injuries. Unfortunately, a child may suffer an injury because of someone else’s negligence or carelessness, no matter how hard we try to keep our children safe.

When this happens, the negligent party can be held accountable for causing the child’s injury. But how can you – as a parent of an injured child – recover damages for your child? Can you file a personal injury claim on behalf of your child? Below, we will talk about a parent’s right to pursue compensation on behalf of their children.

Types of Children Injuries

According to the Canadian Pediatric Society, injuries are the leading cause of death and disability in children and youth in Canada. While children are no strangers to bruises, cuts, and scratches, their injuries may be more severe in accidents caused by someone else’s negligence. Common types of injuries suffered by children include:

  • Burns
  • Broken bones
  • Fractures
  • Lacerations
  • Traumatic brain injuries
  • Concussion
  • Spinal cord injuries
  • Sprains and strains
  • Poisoning

Regardless of the type of the injury, consider speaking with a child injury lawyer in Hamilton, Ontario, if your minor child is injured due to someone else’s negligent or wrongful conduct.

Common Causes of Injuries in Children

Children may sustain injuries in a wide range of accidents and incidents, including but not limited to:

  • Motor vehicle accidents, including pedestrian accidents, car accidents, and bus accidents
  • Choking on a swallowed object
  • Strangulation or suffocation
  • Drowning or near-drowning in swimming pools and bathtubs
  • Unintentional poisoning
  • Fires and burns
  • Electrocution
  • Falls from heights
  • Slip and fall accidents
  • Sports injuries

If a child’s injury was the result of negligence on the part of another individual or entity, the parents might be entitled to compensation by filing a personal injury claim on behalf of their child.

Can You File a Personal Injury Claim on Behalf of Your Child in Ontario?

Anyone under the age of 18 is a minor in the eyes of Canadian law. In Canada, minors cannot file lawsuits on their own. However, a personal injury claim can be filed on behalf of a minor to seek compensation for the child’s injuries and damages.

In order to bring a personal injury lawsuit on behalf of a minor, an adult (e.g., the child’s parent or another family member) must be appointed as the child’s “litigation guardian.” When being appointed to act as the litigation representative, the parent or another adult must acknowledge that:

  • they will represent the best interests of the child; and
  • they assume personal liability for costs awarded against them or the minor during the personal injury case.

Under Ontario law, a personal injury claim must be brought within two years from the date of the accident. However, if the injured party is a minor, the statute of limitations will be tolled until the minor reaches the age of majority (18 years old) or from two years from the date a litigation guardian is appointed.

Contact a Child Injury Lawyer in Hamilton, Ontario

An experienced child injury lawyer will investigate the circumstances surrounding your child’s accident, determine fault, gather evidence, and help you pursue a personal injury claim on behalf of the child. Over the past decades, our reputable and compassionate lawyers at Virk Personal Injury Law have successfully handled countless child injury claims in Hamilton, Ontario.

We help clients seek the compensation they need to move forward with their life. We are prepared to assist you with becoming the child’s litigation representative and guide you throughout the personal injury claims process. Contact us today to book a free consultation.