web analytics

Child Injuries – Can Parents Claim Compensation?

No parent or guardian ever wants to go through the anguish of either witnessing an injury to their child, or receiving a call to inform them that their child has been injured in some way. 

Initial thoughts will, of course, turn to the well-being of the child and to their safety, stability, and recovery (i.e. medical treatment). 

Once these things can be established, as a parent or guardian you may begin to question whether the injury was the result of third party negligence, and if so, what can be done to receiver damages and ensure that the same thing doesn’t happen to any other child. 

The first thing to remember is that you must seek legal counsel before speaking to the third party, as anything you say could potentially be used against you in any upcoming court case (check out services like Toronto slip and fall accident lawyer for further details).

Situations in which children as susceptible to injury

Children and adults alike are susceptible to personal injury in many everyday common scenarios. However, children are more susceptible to being involved in an accident in many cases, due to their natural lack of experience in maintaining a wider awareness of their surroundings and due to their inquisitive nature.

Scenarios that present a risk of personal injury to children include:

  • Accidents while cycling
  • Accidents on railway platforms or rail tracks 
  • Food poisoning (including holiday sickness)
  • Misuse of a dangerous item to which access should have been restricted 
  • Injuries involving criminal assault (i.e. physical attacks from older children)
  • Injuries relating to any one of the various accidents that are classified as road traffic accidents (e.g. passenger, pedestrian, cyclist, etc.)   
  • Injuries on public transport (including any injuries sustained while travelling on any form of aviation or shipping)

Can I claim on behalf of my child?

Yes, you may begin a claim on behalf of your child within three years of the date of their injury. All children under the age of 18 cannot begin their own compensation claims, meaning a parent or guardian is permitted to step in and act on their behalf in the capacity of ‘litigation friend’.

What if I was injured as a child and nobody claimed on my behalf?

You may begin your claim for a childhood accident within three years of the date of your 18th birthday. 

Importantly, you may also begin your claim within three years of your date of knowledge. This means that any physical or psychological adult condition that was linked to third party negligence experienced as a child may not have been obvious to you, but you are granted three years to act upon the discovery of the link. 

Always speak to a personal injury lawyer if you are unsure. 

Speak Your Mind

*

This site uses Akismet to reduce spam. Learn how your comment data is processed.