Children’s Injuries Lawyer

At Campisi LLP, every case is approached with deep expertise and unfailing compassion. We understand the traumatic impact that a child’s injury can have on the lives of our clients and their loved ones. We are the lawyers who win law-changing cases, and we will fight for your child’s legal right to receive the care, rehabilitation and compensation they deserve.

While parents and guardians can take every precaution to keep children safe, playground injuries, slip and falls, car accidents and other incidents 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 pediatric injury expertise can help ease the burden and ensure that your child’s and your family’s needs are taken care of – now and for the future.

To ensure your child’s legal rights are protected and that they receive the very best representation, we will conduct a thorough inquiry into the unique circumstances of your child’s case. The following serious questions and others will be investigated by our lawyers:

  • Has your loss of income been taken considered for your past and future loss of work due to your child’s treatment and care needs?
  • Will you child’s ability to earn a living be affected? What will your child’s estimated future loss of earning capacity be?
  • 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 will work hard to ensure that your child receives the best compensation and care available. We offer free, no-obligation expert advice.

Can I get help with my child's rehabilitation?

Yes. We have 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 if your child’s injury 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 and overwhelming. We will make sure you are treated fairly and will litigate on your behalf if it is necessary to get your child the care they need.

Children's Injuries
NOTE:

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 won’t pay anything until the case is won or settled.

When do I need to file a lawsuit?

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 our pediatric injury experts.  It is important that you discuss your child’s case with our personal injury lawyers right away to ensure the case is investigated and managed properly from the start.  As these claims can go on for many years while the child’s development continues, it is important to lay the right groundwork.

How much compensation is my child eligible for?

Although compensation 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.

Damages for pain and suffering (called “general damages”) are only one aspect of your 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 you can recover.  For the most serious injuries, the cap is approximately $390,000 as of July 2019.  Compared to American lawsuits, where there is no similar cap, this is a small award. However, there are other significant areas of 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 so that you can rest assured that you will be taken care of, 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.

Medical expenses, including rehabilitation;

  • 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 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 won’t pay 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 expertise, and have provided valuable insight in presentations 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).

Can I file a lawsuit to claim compensation?

You can commence 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:

  • Negligent, distracted or drunk drivers;
  • Failure by a municipality 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 malfunction.

When children are victims of serious injuries, the court must approve any settlement. The implementation of a structured settlement should be considered to provide 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.

No-Fault Benefits

If your injury involved a motor vehicle, Ontario has an Accident Benefits system that is designed to provide you with fast access to essential benefits when you are injured, regardless of who is to blame for the accident. They are often referred to as No-Fault Benefits. Under the no-fault system, each person deals directly with their own car insurance company for health care, income replacement and other benefits. Note that if you were injured on a snowmobile, ATV or other recreational vehicle, you might also be entitled to no-fault benefits.

Download our Free Accident Benefit Book

We have achieved exceptional results for our clients against some of the world’s largest and most prominent insurance companies, law firms and corporations including: AIG, Allstate, Aviva, Chubb, Cooperators, Desjardins, Economical, Intact, Lloyd’s, Northbridge, RBC, RSA, TD, Travelers, Wawanesa and Zurich, among others. Contact us today to learn how Campisi’s experts can help you with your case.

Why Campisi

We Win Cases That Change The Law

At Campisi LLP, you and your family are in good hands. Our Managing Partner is not only an exemplary personal injury lawyer and a past member of the Brain Injury Society of Toronto, he is a Professor of Insurance Law at one of Canada’s top law schools – the only Personal Injury Lawyer in Ontario with a Ph.D. in Insurance Law. Our lawyers have successfully represented thousands of clients with serious injuries like these, and use their extensive knowledge of the law, the medicine and the insurance system to win your case.

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.

You don’t pay until your case is won or settled

}

7050 Weston Road, Suite 101
Vaughan, ON, L4L 8G7

24/7: 416 820 9434
Toll Free: 1 855 351 1115