If your child has been injured in an accident in Ontario, it’s important that you consult with an experienced personal injury lawyer before you meet or speak with your insurance company. The rules surrounding a child personal injury lawsuit and settlement are different from in a settlement case involving an adult.
When a parent commences a personal injury lawsuit on behalf of a child, they need to understand that their child will not receive the settlement monies until they reach the age of 18 years old. We often have clients who are unsure what to do with the compensation they receive for their child. Depending on the circumstances, we recommend several different options. A structured settlement is often the best solution for a child’s settlement. A structured settlement is when a registered insurance company will take over the settlement monies and pay out a set amount each year over the course of the child’s life. In most cases this pay out amount is also a tax-free set amount. Depending on the age of the child at the time of the accident, this usually makes the most sense. If the injured child is close to reaching 18 years of age, it may not be the most cost-effective plan, as the fees associated with a structured settlement might outweight the payout if the investment period is not very long .
Depending on the nature of the injuries, parents can also opt to have a trustee appointed and the trustee then holds the money. This is often the case when a child is disabled and may not be able to decide how best to manage their money.
It is tough to know what is best to do and what’s best for your child. We are able to help give you advice on this and help you come to the right decision, based on what’s best for your child and your family. One of the most important details every parent needs to know is that a settlement for a child in a personal injury case must be court approved. This is done to protect you and make sure that your child is being treated fairly . The Court will review the legal fees being charged by your personal injury lawyer, as well as the settlement amount being offered by the insurance company. In both cases, the amount must be fair and comparable to other similar personal injury cases.
Although, our Ottawa personal injury lawyers do not recommend it, you may decide to work directly with the insurance company and negotiate your own settlement amount. At the very least, we urge you to consult with an experience personal injury lawyer and have them review what is being offered to you . An experienced child personal injury lawyer can give you comparison settlement amounts on the spot and help you decide whether or not to accept the settlement offer. These consultations are free with most personal injury lawyers, so you have nothing to lose. In most cases, our Ottawa injury lawyers, not only offer excellent advice, they are able to point out many other accident benefits available to children that most people are unaware of.
Regardless of what stage you may be at in your personal injury lawsuit, you need to be informed and know your rights. You are not only caring for an injured child, you will need to make incredible important decisions for their future. We highly recommend you consult with an experienced child injury lawyer and take the time to decide what’s best for your child and your family. Our Ottawa injury lawyers can help you with this. We understand, we care and we’re here to help.