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.
Last week my wife was driving down Merivale road and a police officer flagged her down and pulled her over. She couldn’t figure out why she was being pulled over until the officer approached her and told her they were doing random car seat inspections ! I love this idea. It didn’t take long but they were able to look in the vehicle and inspect the installation of any existing car seats. This got me thinking, I know there are many people who would love this random check and I wondered how they could get their car seat inspected to make sure it is properly installed. I went online and found many resources in the Ottawa area. One that had a great website was S.E.A.T.S. for Kids, is a non-profit organization in Ottawa that focuses on the proper use of child restraint systems. They offer a wide variety of services including:
- car seat inspections
- nationally recognized certification courses
- information sessions regarding seat safety
- seat safety seminars
- appearances at Ottawa events
Did you know that Transport Canada reports that each year, 10,000 children 12 and under the age of 12 are injured in accidents ? Car accidents are the leading cause of children and youth deaths (Canadian Hospitals Injury Reporting and Prevention Program).
Every child’s safety is imperative and it is our responsibility as adults to make sure that we do whatever it takes to keep our children as safe as possible. If you are unsure of whether or not you have installed your car seat properly, don’t take the chance. There are many inspection clinics you can attend and have your seats checked by a certified inspector. S.E.A.T.S is offering clinics next month on November 9th and 30th. For more information, please visit their website. While you are there, I encourage you to explore their website , offering valuable information on car seat recalls and other safety information such as when to move a child into and out of a booster seat, expiry dates on car seats, etc…
Ottawa Child Injury Lawyer David Hollingsworth
When it comes to our children, nothing is more important. When a child suffers a personal injury, our hearts are broken. No one over wants their child to be injured. We know how stressful and overwhelming it is for parents when their child is suffering.
Hiring the right Ottawa child injury lawyer is critical. It is important for one to know that a child personal injury claim is not the same as an adult personal injury claim. There are very specific laws in Ontario that govern a child injury case. For instance, did you know that any settlement of a Ontario personal injury claim involving a minor requires Ontario court approval ? This is done to protect the child and make sure that the settlement amount is appropriate and fair and that the legal fees charged by the personal injury lawyer hired for the child are fair and appropriate for the amount of work/risk he or she had done.
There are also many areas in Ontario accident benefits policies that pertain to children claims. Often times when a child suffers a personal injury, they need to be cared for by a parent. In most cases, this means that a parent must take time off work and assume a full-time caregiver role. There are specific provisions in the Ontario accident benefits that can help cover your loss of income while caring for your child.
Our child injury lawyers and our Ontario accident benefit specialists work together to make sure that all expenses are covered including, medications, family visiting expenses, loss of income, and provisions for other changes in your life as a result of your child being injured. We can help in many ways including filling out all the necessary paperwork for you. We do this to ensure that the insurance companies are responsible for 100% and no stone is left unturned. The paperwork can be daunting and complicated and often times our clients are not in the right head space to be focusing on this as they have much more important things and people to be focusing on.
If your child has been injured in a Ontario accident, it’s important that you consult with an experienced Ontario child injury lawyer to ensure you receive all the compensation and support that will be needed not only now but in the years to come following your child’s accident.
For more information, visit www.ottawainjury.ca or email [email protected] We are here to discuss your child’s accident with you and can offer you advice on how best to proceed. We have been helping Ontario families work through their accidents and injuries since 1999. Our goal is to help you as much as possible and provide you not only with maximum compensation, but help you get much needed services and support.