Injury to Children Lawyer
Despite every precaution we, as parents and guardians, can take to keep our children safe, playground injuries, slip and falls, car accidents and other traumas can occur. When a child has suffered a serious injury, the aftermath is emotional and stressful. It is easy to become overwhelmed with all the decisions that need to be made related to treatment and costs of care. An experienced lawyer with a successful track record in pediatric injury claims can help ease the burden and ensure that your child’s and your family’s needs are met – now and for the future.
What you need to know
You can start a lawsuit to claim compensation if your child’s injury was caused in whole or in part by the negligence of another party. Examples include:
- Accidents caused by negligent, distracted or drunk drivers
- Failure to maintain a public area to the required standards
- Failure to implement proper safeguards and procedures, such as supervision at a pool, explaining risks at an event, and more
- Failure by individuals or corporations to meet Occupiers’ Liability standards
- Product malfunctions or failures
The court must approve any settlement on behalf of a child to make sure it is in the child’s best interests. For example, the implementation of a structured settlement is often required. This type of settlement provides non-taxable monthly income to cover future care and medical costs for the life of your child. We can explain this process and assist with the terms of the settlement structure if you choose to explore this option or it is ordered by the court.
What you need to do
Generally, you have two years from the date of the injury to file a lawsuit. However, this two-year limitation period does not begin for a child until they reach the age of 18 in Ontario. This does not mean you should wait to speak to a reputable personal injury lawyer. To ensure the case is investigated and managed properly from the start, we recommend that you discuss your child’s case with our pediatric injury lawyers promptly. Since these claims can go on for many years while the child’s development continues, it is important to lay the right groundwork while the evidence is still fresh.
- Within 60 days after the occurrence of the injury, written notice of the claim, including the date, time and location of the occurrence, has been personally served on or sent by registered mail to at least one person listed in subsection.
- Generally, you have two years from the date of the accident to file a lawsuit against the at fault parties. We can advise you regarding your access to Accident Benefits after a car accident. However, you must act fast as there are strict time limits.
- Within 7 days of the accident: Inform the accident benefits insurance company of the accident and that you were hurt.
- Within 30 days of receiving an accident benefits application: Send in the completed application that was provided to you by the insurance company. If you take longer, the insurer can delay your benefits for 45 days and may be able to deny you benefits altogether.
- Within 10 business days of receiving a request for information: Your insurance company can request information needed to determine your entitlement. You have 10 business days to provide it, or they can suspend or deny your benefits.
Other important information
To ensure your child’s legal rights are protected and that he or she receives the representation we would want for our own children, we will conduct a thorough inquiry into the unique circumstances of the case. The following serious questions and others will be investigated by our lawyers:
- Has your loss of income been considered for your past and future loss of work due to your child’s treatment and care needs?
- Will your child’s ability to earn a living be affected? What will your child’s estimated future loss of earning capacity be?
- What care and supervision will your child require now and into adulthood?
- What will the costs of respite care for you and supervision for your child be?
- What financial arrangements should be put into place for when your child outlives you?
Our dedicated team of experienced personal injury lawyers always strive to ensure that your child receives the care and compensation they deserve.
Our outstanding Accident Benefits team has extensive experience in managing our clients’ rehabilitation needs. If your child was injured in a car accident, we will help you file your application for Accident Benefits, support your child’s treatment providers and arrange for medical assessments to determine the extent of your child’s impairment, including whether it is a catastrophic impairment (a designation that provides access to increased funding for medical and rehabilitation expenses). We recognize that dealing with your insurance company can be intimidating, frustrating and overwhelming. We will fight so that you are treated fairly and will litigate if it is necessary to get your child the care they need.
We will look at your case for free and take the time to ensure you understand every detail of your child’s lawsuit. Rest assured that you will not pay us anything until the case is won or settled.
How much compensation can my child receive?
Although compensation always depends on the specific circumstances of the case, pediatric personal injury claims can result in very large damages awards because there is potential for all areas of your child’s life to be impacted permanently. In very serious cases, the child might never work, for example.
Damages for pain and suffering (called “general damages”) are only one aspect of your child’s overall claim. Since there is no accurate way to put a monetary value to your losses from pain and suffering, our courts have set a cap on the amount a plaintiff can recover. For the most serious injuries, the cap is approximately $390,000 currently. Compared to American lawsuits, where there is no similar cap, this sounds like a small award. However, there are other potential areas of significant compensation, including:
- Future loss of income or earning potential
- Future cost of care.
Damages under these headings have no cap and are determined through expert analysis. They can total millions of dollars, depending on the specific life circumstances of the victim.
At Campisi LLP, we have extensive experience determining appropriate ranges of damages for our clients. We engage leading economists, vocational and other experts to ensure we accurately calculate our clients’ needs, to make the best case to meet your child’s needs, now and in the future.
You might also be entitled to recover:
- Economic losses incurred by family members
- Cost of future attendant care
- Cost of caregiving
- Loss of shared family income
- Out of pocket expenses
- and more.
Additionally, you can recover medical expenses, including rehabilitation including:
- Costs of adapting/modifying homes and vehicles
- Psychological and vocational counseling
- Loss of care, guidance and companionship suffered by immediate family members
- Out of pocket expenses
- and more.
We will review your case for free and take the time to ensure you understand every detail of your child’s lawsuit. Rest assured that you will not pay us anything until the case is won or settled.
In many serious personal injury claims, it can be challenging to identify sufficient insurance coverage to fully compensate an injury victim. We have this significant expertise in this area, and have presented at legal conferences on how to access all available sources of compensation for our clients, including:
- Umbrella policies and reinsurance (e.g.: commercial landlord or tavern liability claims),
- Insurance brokers (e.g.; negligent representation to a defendant regarding coverage),
- Property owners (failure to maintain property safe for use),
- School boards (e.g.: negligent supervision)
- Municipalities (e.g: construction hazards, substandard road maintenance).
How Campisi can help
Insurance companies use a number of factors to value a case. These include: your age, amount of vehicular damage, whether you were hospitalized, whether you sustained fractures and your loss of income. At Campisi LLP, we know these details don’t tell the whole story.
We are available 7 days a week to answer your questions, provide legal advice and help you and your family through difficult times.
Cases that Campisi has won for injuries to children:
- Client suffered a mild traumatic brain injury and developed post-concussion syndrome. Total compensation of $2.2 million.
- Client suffered seemingly minor physical injuries that did not require hospitalization, but experienced significant psychological impairment. The defendant argued that he was at fault for the accident. Total compensation of $925,000
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Why Choose Campisi?
A champion with heart
When you’re a victim of an accident, everything can seem upside down. You need someone who cares enough to help you through the process, but also someone who’s strong enough to battle tirelessly on your behalf. You need an advocate with a heart.
We guarantee to always put your future first
You don’t pay for anything until your case is won or settled. We treat you as we would our family, making ourselves available 7 days a week to guide you through these difficult times. We are selective when taking on new clients so that you receive the attention you deserve, and the commitment to win your case.
Campisi is head of the class
At Campisi LLP, you and your family are in good hands. Our Managing Partner is not only an exemplary personal injury lawyer, he is a professor of Insurance Law at York University’s Osgoode Hall Law School. He has been recognized in the 2022 edition of Best Lawyers® in Canada for Personal Injury Litigation, a highly respected resource for both clients and professionals. Our lawyers have successfully represented thousands of clients with serious injuries like yours, and will use their extensive knowledge of the law, the medicine and the insurance system to win your case.