Child Injury Lawyer

Healing from an injury can be more complicated for a child than an adult. Although we often say children are resilient, injuries that an adult would readily recover from can severely impact a child’s development.

If your child suffered a serious and preventable injury (like from a serious slip and fall, a dog bite, or through Occupier’s Liability claims), our personal injury team at Zacharias Vickers McCann can review the circumstances and determine whether grounds exist for you to pursue compensation in Abbotsford on behalf of your injured child.

When to Consider Legal Action

Not every injury that befalls a child is cause for legal action. However, if another party’s failure to exercise appropriate care resulted in your child’s injury, legal action may be appropriate.

For example, when someone who owns property or operates a business knows that children will be present, they must exercise sufficient care to ensure the safety and well-being of the children. Even when a parent signs a waiver so their child can participate in an activity that might carry some risk, the child could still have the right to bring legal action if they suffer an injury. A lawyer in our Abbotsford office could discuss the impact of a waiver in a specific case.

Adults must file a lawsuit within two years of an accident in most cases. When the injured person is under 19 when they get hurt, they have two years from their 19th birthday to bring a suit. However, it is often beneficial for a child to bring a claim soon after the accident under the name of a litigation guardian, who is usually a parent. This allows counsel to investigate and secure necessary evidence that may otherwise be difficult to obtain if there is a long delay in commencing an action.

Allocating Responsibility When a Child Is Hurt

British Columbia’s Negligence Act, S.1, requires the apportionment of responsibility between the involved parties. An injured person can only recover compensation for the portion of their losses caused by others.

Sometimes a child’s actions contribute to their injuries. Whether they will be held partially responsible depends on the child’s age, maturity, intelligence, and the circumstances of the accident.

An adolescent or teenager is more likely to be found partially responsible for their injuries than a younger child. Depending on the circumstances, a parent could potentially be liable for failing to supervise or teach their child to avoid the risk that injured them. The litigators in our Abbotsford office will have candid conversations with parents and explain whether there is a possibility that they or the child may be held partially liable for a child’s injuries.

Potential Damages in Child Injury Claims

Determining compensation for a child’s injury can be challenging. When the child is young, the impact on their subsequent development may take several years to become apparent. Consulting medical, psychological, and educational experts may be necessary to determine appropriate compensation in a specific case.

Children are entitled to non-pecuniary damages for the pain they suffered, the opportunities lost, and any temporary or permanent disabilities that impact their education or activities. If the injury will limit the child’s job prospects, the negligent parties may owe compensation for diminished future earning capacity.

Parents may be entitled to bring an in-trust claim if the child’s condition requires them to provide care and services that go far beyond what one would expect from a loving family member. Court decisions on in-trust claims for child injuries have been inconsistent, so a parent considering an in-trust claim should discuss the matter with a member of our firm’s legal team in Abbotsford.

Handling a Child’s Monetary Award

When a litigation guardian brings a lawsuit on behalf of a child and the suit results in an award of compensation, the litigation guardian does not have access to it. The office of the British Columbia Public Guardian and Trustee oversees the funds until the child is 19.

When caring for a child involves extraordinary expense, parents can apply to the Public Guardian for access to necessary funds. The office may approve an expenditure if it clearly supports the child’s best interests. If a parent brought and won an in-trust claim, that money goes directly to the parent.

Pursue Compensation for Your Child’s Injury with a Lawyer in Our Abbotsford Office

Obtaining appropriate compensation for a child’s injury requires specific skills and expertise. Our firm has been representing parents like you for more than five years, and our lawyers have more than 50 years of combined experience.

Speak with one of our Abbotsford child injury lawyers about your legal alternatives. The initial consultation is free, so there is no reason to delay. Reach out to us now and schedule a meeting today.