Child Injuries
When unfortunate accidents occur, they can affect anyone, regardless of age. When children or minors are involved, the situation becomes even more complex due to their vulnerability and unique legal status. At Iacobelli Law Firm, we understand the intricate nature of claims for injured minors and are committed to providing compassionate and expert legal representation to ensure that the rights and well-being of these young individuals are upheld.
Some of the most common child injuries occur in motor vehicle accidents or while the child is engaging sports and recreation, such as bicycle accidents, ski accidents, toboggan accidents, ATV accidents, and snowmobile accidents.
Understanding the Special Considerations for Injured Minors:
In Ontario, the law recognizes that minors lack the legal capacity to make decisions or enter into contracts like adults. This concept extends to personal injury claims as well. When a child sustains an injury due to someone else's negligence, it's essential to navigate the legal process in a way that safeguards the minor's interests.
Guardianship:
In cases involving injured minors, a legal guardian must act on their behalf. Our experienced legal team understands the nuances of appointing a suitable guardian, which might be a parent, relative, or court-appointed guardian. This guardian plays a crucial role in providing consent, making legal decisions, and representing the child's best interests throughout the claims process.
Statute of Limitations:
Ontario law generally imposes a two-year limitation period for filing personal injury claims. However, this period is suspended in the case of minors until they reach the age of majority (18 years old). This means that the injured child has the option to pursue a claim once they become an adult. Alternatively, a guardian can file the claim on the child's behalf before the limitation period expires. It is important to speak to a lawyer with experience representing injured children to determine when it is the right time to commence a claim.
Long-Term Impact Considerations:
Injuries sustained during childhood can have lasting effects that impact a child's physical, emotional, and financial well-being for years to come. Our legal team works closely with medical professionals, therapists, and other experts to assess the full extent of the injury's impact on the child's life. This comprehensive approach helps us accurately determine the appropriate compensation to cover medical expenses, ongoing care, emotional trauma, and potential loss of future earning capacity.
Structured Settlements, Payments into Court and Trusts:
Given that minors cannot directly receive settlement funds, Ontario law requires payment into Court, or the creation of a trust or structured settlement to manage the compensation received. Our firm has extensive experience in setting up these arrangements, ensuring that the child's financial needs are met while safeguarding their best interests.
At Iacobelli Law Firm, we recognize the unique challenges that arise when pursuing claims for injured minors. Our commitment to compassionate advocacy and legal expertise ensures that these vulnerable individuals receive the representation they deserve. With a deep understanding of Ontario's legal framework and a track record of successful outcomes, our team is dedicated to providing unwavering support for injured minors and their families as they navigate the complex world of personal injury claims.
If your child was injured as a result of negligence, contact Ontario Injury Lawyer, Andrew Iacobelli, for a Free Consultation.
Some of the most common child injuries occur in motor vehicle accidents or while the child is engaging sports and recreation, such as bicycle accidents, ski accidents, toboggan accidents, ATV accidents, and snowmobile accidents.
Understanding the Special Considerations for Injured Minors:
In Ontario, the law recognizes that minors lack the legal capacity to make decisions or enter into contracts like adults. This concept extends to personal injury claims as well. When a child sustains an injury due to someone else's negligence, it's essential to navigate the legal process in a way that safeguards the minor's interests.
Guardianship:
In cases involving injured minors, a legal guardian must act on their behalf. Our experienced legal team understands the nuances of appointing a suitable guardian, which might be a parent, relative, or court-appointed guardian. This guardian plays a crucial role in providing consent, making legal decisions, and representing the child's best interests throughout the claims process.
Statute of Limitations:
Ontario law generally imposes a two-year limitation period for filing personal injury claims. However, this period is suspended in the case of minors until they reach the age of majority (18 years old). This means that the injured child has the option to pursue a claim once they become an adult. Alternatively, a guardian can file the claim on the child's behalf before the limitation period expires. It is important to speak to a lawyer with experience representing injured children to determine when it is the right time to commence a claim.
Long-Term Impact Considerations:
Injuries sustained during childhood can have lasting effects that impact a child's physical, emotional, and financial well-being for years to come. Our legal team works closely with medical professionals, therapists, and other experts to assess the full extent of the injury's impact on the child's life. This comprehensive approach helps us accurately determine the appropriate compensation to cover medical expenses, ongoing care, emotional trauma, and potential loss of future earning capacity.
Structured Settlements, Payments into Court and Trusts:
Given that minors cannot directly receive settlement funds, Ontario law requires payment into Court, or the creation of a trust or structured settlement to manage the compensation received. Our firm has extensive experience in setting up these arrangements, ensuring that the child's financial needs are met while safeguarding their best interests.
At Iacobelli Law Firm, we recognize the unique challenges that arise when pursuing claims for injured minors. Our commitment to compassionate advocacy and legal expertise ensures that these vulnerable individuals receive the representation they deserve. With a deep understanding of Ontario's legal framework and a track record of successful outcomes, our team is dedicated to providing unwavering support for injured minors and their families as they navigate the complex world of personal injury claims.
If your child was injured as a result of negligence, contact Ontario Injury Lawyer, Andrew Iacobelli, for a Free Consultation.
Ontario Lawyer For Child and Birth Injury Claims
Birth injuries are physical injuries or deformities that are the direct result of childbirth. These injuries, often avoidable, can result in lifetime disability or deformity. Common Birth Injuries Include:
- Cerebral palsy
- Brain or spinal cord damage
- Oxygen deprivation
- Bone fractures
- Mental defecits
- Bruising and skin irritation
- Erb’s palsy
- Paralysis
- Klumpke’s palsy Infections
- Brachial plexus
- Internal bleeding
- Injury due to forceps
- Wrongful death