Parents try their best to protect their children. Still, accidents and injuries happen, sometimes due to negligence. In such cases, parents can sue those at fault by filing a personal injury claim. In Canada, anyone under 18 is considered a minor, and minors cannot file personal injury claims; their parents or guardians, however, can. Whoever is filing the claim must be appointed as the litigation representative for the child and shouldn’t have any disability. They should also file an affidavit declaring that they consent to act for the child and have no adverse interest in doing so. Read on to find out everything related to child personal injury claims in this blog written by personal injury lawyers.

Everything You Need to Know About Child Personal Injury Claims

Types of Child Personal Injury Claims

A child can get injured in many ways, including:

1. School/Daycare Accidents

Children often spend part of their day at school or daycare, and accidents do happen. If parents find a negligent staff member, however, they should collect important information and evidence, including:

• Photos of the child’s injury
• Name and other identifying information of staff members present
• Witness information
• Any CCTV footage of the accident
• Medical and other receipts related to the mishap

With this information, a child’s parents or guardians can strengthen their personal injury claim.

2. Children’s Toys Injury

Playing with toys is usually fun but is a common way that children get injured. Many toys can be unsafe in the wrong circumstances and cause choking and other types of danger. If children are hurt by their toys, then their parents/guardians should take note of the cause of the injury after seeking medical help. It’s also advisable to find the receipt for the toy and its place of purchase. By gathering these pieces of information, parents can file a personal injury claim after discussing it with a lawyer.

3. Playground Accidents

Apart from home and school, children spend a lot of time on playgrounds. These are public properties that should be maintained properly; if not, children can slip, fall and hurt themselves, especially on play equipment. Parents or guardians should gather all information related to the accident if they’re thinking of suing.

4. Birth Injuries

Complications during pregnancy can unfortunately affect the child. Cerebral palsy is an all too common birth injury that can be caused by the negligence of the team handling the pregnant woman. In fact, there are other cases of birth injury involving the brain, spinal cord, hip/shoulder and damage caused due to prolonged labour. Having proof of the injuries can come in handy when suing the party believed to be at fault.

5. Semi-Public Place Accidents

There are many ways accidents can happen in semi-public places like shopping malls, supermarkets, movie theatres and amusement parks. But the most common claims are related to the following:

• Slip & fall injuries due to poor maintenance of staircases, footpaths and walkways
• Slipping on wet floors where no warning signs have been posted
• Injuries due to falling objects from cheap quality fixtures

How to Make a Claim

Here are the steps to file a personal injury claim on behalf of a child.

Seek Medical Help

Some wounds may look minor but become painful later, so it’s always wise to seek medical help for your child immediately. This can turn out to be very important as the medical practitioner will record the injuries which could prove to be useful evidence in your claim.

Record Details of the Accident

Parents or guardians looking to file a personal injury claim on behalf of their child must record some important facts, including:

• Date and time of the accident
• Weather conditions if the accident occurred outdoors
• What caused the injury
• Details of any witness
• Photos of the accident scene and injury

Contact a Personal Injury Lawyer

Parents are best off contacting a personal injury lawyer before proceeding with their child’s personal injury claim. These professionals will guide the victims properly to make sure their case is strong. They will also ask questions related to the accident, like when and why it happened, and request photos of the injury and/or scene of the accident. These pieces of information will strengthen your claim.

Gather Medical Reports

Once your child is treated, the medical practitioner will prepare a report. This comes in handy as it will describe the injury’s severity. After collecting this report, parents should hand over the report to their lawyer who will use it as evidence to get a fair compensation from the at-fault party.

Claim Compensation

Once the settlement amount has been agreed upon and the child’s injury claim is successful, they will receive their compensation after they turn 18. They must then apply to the court to claim the amount.
Children getting hurt is unfortunate, but the good news is that victims can be compensated. The negligence of any person causing their injury can be grounds for filing a claim. However, minors cannot file an injury claim by themselves; their parents or guardians must. Prior consultation with a personal injury lawyer will help expedite payment by preventing unwanted hassles.