Child Injury Claim Lawyers
When you trust someone to care for your child, you’re trusting them with the person that matters most to you in this world. Unfortunately, as with all things, sometimes children can be injured when they are in the care of another. These injuries can occur because of negligent supervision, unsafe premises, unsafe equipment, failure to consider allergies and other medical issues, amongst others.
Child injuries can occur in a number of settings, including:
- Community Centres
- Summer Camps
- Play Gyms
- Parkour Gyms
- Trampoline Parks
- Community Centres
- Ropes Courses
- Organized Sports Activities
- Amusement Parks
- Swimming Pools
- Skating Rinks
Injuries to a child can be devastating to not only the injured child but to their entire family. The lawyers at Taylor & Blair LLP are able to help families navigate the process of making claims for child injuries and can help ensure the injured child receives the medical care they need.
Waivers & Children
Even if a parent or guardian signed a waiver you may still have a claim as a parent or guardian cannot contract away a minor’s rights in British Columbia, nor can a minor enter into a contract to waive their own rights. Because of this many waivers entered into on behalf of children have no effect and you can still pursue a claim for personal injury to a child.
How Child Injury Claims Work
Child injuries can be especially challenging when they occur to children who are still developing. This can make it difficult to know what the long-term effects of various injuries will be and how this will impact a child’s life and ability to earn income going forward. An injury that may have been a simple fracture for an adult can have an entirely different implication on a child if that fracture is through a growth plate. It can take a number of years before you know what the true impact of a physical injury will be on a child. Similarly, the impact of emotional injuries to children, such as situational anxiety and post-traumatic stress disorder (PTSD) sometimes won’t be known for several years.
Fortunately, the law recognizes that it can take a long time to assess child injuries and that is why their limitation period to bring their claim does not start until they reach the age of majority, 19. That does not mean you have to wait until your child is 19 before you bring a claim. We can appoint a litigation guardian (normally a parent) to pursue the claim on the child’s behalf. The claim can then proceed as normal and if there is a settlement or judgment before the child reaches the age of majority, the settlement or judgment amount will be held on their behalf by the Public Guardian & Trustee’s office. The child and his family will not be able to access these monies until the child turns 19 unless they receive the approval of the Public Guardian & Trustee.
The lawyers at Taylor & Blair LLP have significant experience in dealing with injuries to minors. If you have a child injury claim contact us today.
What Compensation Is Available For Child Injury Claims?
Because the facts and circumstances surrounding each case are different, each case is unique and requires careful handling and expert examination. As some of the most experienced personal injury lawyers in Vancouver, we have over 30 years of experience handling all kinds of injuries ranging from minor whiplash cases to serious brain injuries. What each case is worth and what compensation you’re entitled to depends on the specific facts of the case. However, generally speaking in personal injury claims you can seek compensation (also called damages) for:
- Pain and suffering (or non-pecuniary damages)
- Past loss of Income
- Future loss of income
- Loss of capacity to earn income
- Loss of homemaking capacity
- Cost of future care
- Out of pocket medical expenses (or special damages)
- In-trust claims