Personal Injury Claim For Children – Is it Different?

Two children at the hospital

As per some estimates, over eight million children lose their lives due to injuries globally. Unfortunately, most of these injuries are preventable, and the deaths can be prevented by taking sufficient safety measures for minors.

In Toronto as well, child injuries are very common. From vehicular accidents to negligence on the part of medical practitioners or public park owners, children suffer injuries due to someone else’s fault. However, if you have a top lawyer in Toronto by your side who’s specialized in child injury cases, you can make sure that your child’s suffering does not go in vain. After all, having a competent lawyer is the premise of winning a personal injury claim.

But unlike an adult’s personal injury claim, personal injury claims for children have different laws. Look below to learn more if your child has sustained a personal injury due to someone else’s negligence.

What Are Common Child Injury Claims?

Personal injury claims for children in civil litigation courts usually revolve around the following types of injuries:

  1. Road Accident Injury
  2. Bicycle Injury
  3. Birth Injury
  4. Medical Malpractice
  5. Toy Injury
  6. School/Daycare Injury
  7. Public Place Injury

An injured child on the floor

Can Children File a Personal Injury Claim?

Because children cannot sue or be sued as per Canadian laws, a child cannot personally file an injury claim. Therefore, personal injury claims for children are filed by parents or guardians on behalf of the child.

How Soon Should a Child Injury Claim be Filed?

According to the Canadian statute of limitations, a person can file a claim within two years of the accident. However, in claims involving minors, the two-year limit begins from the time the child turns 18.

It’s still advisable that the parents don’t wait for the child to file a claim after turning 18 and immediately contact a personal injury lawyer if their child sustains any injury.

When Child Injury Claim Compensation is Received

Unlike an adult personal injury claim, the settlement compensation for personal injury claims for children is released after the child turns 18. Till then, the compensation is held by the Accountant of the Superior Court.

For Child Personal Injury Claims in Toronto, Talk to Us!

If your child has been in an accident and you need help with personal injury claims for children in Toronto, then reach out to us. At Nanda and Associate Lawyers, we have Toronto lawyers with experience in children’s injury.

You can also book a consultation with our immigration lawyers to discuss Canadian immigration matters and refugee claims.

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