Injured Children and Teenagers

Children can be injured playing sports, at school, on trips, and when participating in a variety of activities, as well, all to commonly in motor vehicle related accidents. We are here to help parents and guardians navigate the claims process and legal system as it applies to injured minors. 

In Alberta, the Minor's Property Act empowers the Public Trustee to oversee litigation on behalf of a minor where the amount of a settlement or judgment will exceed $10,000.00. In such cases, the Public Trustee must approve the settlement amount and how the funds will be kept and distributed for the minor's benefit. This ensures that minors are protected in terms of a fair settlement and appropriate access to their settlement when they come of age, or as needed. 

Special considerations are required when a person under 18 is injured. First of all, the child's long term future needs must be taken into account. As well, a child has not yet begun their career (and may not yet know what that might be). When assessing future wage loss, and future costs of care, a special approach must be taken for every individual child or teenager.

In some cases, an adult may have signed a waver on the minor's behalf. This waiver is likely not enforceable to prevent the child or teenager from suing for the negligent acts that caused their injury. Even if you have signed a "waiver of liability" in connection with your child's accident, call us for a free consultation, to find out more about your specific legal rights and what options are available to you. 

Maynes & Radovici lawyers enjoy helping children and taking as much stress and anxiety out of the litigation process as we can for both parents and children. Our lawyers provide their younger clients with special opportunities, for example sending them with a parent to see their favourite band in concert, and other experiences that might bring joy, following what is otherwise a tragic event in their lives.  

When litigating on behalf of a minor, a decision is made as to who will be the Litigation Guardian. This person, in most cases a parent, will be responsible for all decision making in the case. They may receive input from their families, as well as their lawyer, but on a legal claim, they are named as representing the minor claimant. Call us today to discuss this process and understand your rights and those of your minor child, so that you can make the best informed decisions for your loved one.