My Child Has Been Hurt: What Do I do?

First, as anyone should, tend to the child’s injury and ensure they receive the correct medical attention necessary. We understand this will be an extremely stressful time for parents/guardians, so we have provided you with a list of services you should consider for your child:

  • Frequent Family Doctor Check-ups
  • Specialist Appointment
  • Rehabilitation (massage, physiotherapy, chiropractic)
  • Counselling (anxiety, depression)
  • Social Support Services

In Canada, children can recover compensation from all heads of damages. Some Canadian cases suggest that children can recover more compensation than that of an adult because children may need prolonged medical assistance than adults on the road to recovery.


Can a child be compensated if their parent/guardian suffers a personal injury?

Yes! If a minor’s parent/guardian suffers a personal injury, the child may bring a lawsuit for what we call ‘loss of companionship.’ The Ontario Government wiped out the $15,000 deductible in the event that a parent/guardian loses their life and a child brings a loss of companionship lawsuit.


Who represents the child?

Every child has the right to have and enjoy a healthy and safe childhood. When a child is injured at no fault of their own, it is essential they be represented by someone who will fight for their justice.

In Ontario, a parent or guardian brings the claim against the defendant and is referred to as the ‘litigation guardian.’ If any damages are awarded to the injured minor, the damages will be held in trust until they reach the age of majority.

Regardless of the child’s injury, whether minor or major, it is in the child’s best interest to consult a lawyer who can advise on the likelihood of success and the necessary steps of litigation in order for a fair and successful resolution.


Does the litigation guardian get compensated?

Yes, in some cases. In the event where a child may require ongoing medical care and attention either permanently or for a prolonged period of time, the parent or guardian may also claim damages for mental and physical health, lost income, and future loss due to caring for the child.


What makes a child’s personal injury lawsuit different than an adult?

Judges usually prefer that children not be witnesses in court, which differs from adult cases. In adult lawsuits, as long as the adult is capable of giving evidence at trial, they will be called. However, in certain circumstances, a child may be named to give evidence.

A child cannot make a settlement decision themselves, and in some cases, the courts use a public trustee to determine whether the settlement is fair and in the best interest of the child.

Settlement money is kept in trust until the child is of the age of majority unless to make distributions for child medical care, upon which a public guardian or trustee may access it. If a parent or guardian disagrees with this method, there is a review process in which they may pursue.


Personal Injury Case Types

  • Motor-Vehicle Collisions or Pedestrian Accidents
  • Child Abuse and Sexual Assault
  • Medical Malpractice
  • Animal Bite/Attack
  • Slip/Trip and Fall
  • Bicycle Accidents
  • Occupier’s Liability

If you or your child are hurt in the result of the negligence of another, contact the lawyers at Millars Law at 519-657-1529 for a FREE legal consultation.

By: Michael Johnson


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