Anyone can appreciate the fact that a child cannot walk into a court building and file a personal injury claim. That does not mean that no injured child can hope to obtain fair compensation for any injuries. A parent or guardian can take on the role of litigation representative. That means that the parent or guardian submits a claim on behalf of a child or older youth.
Are there specific rules that serve to guide the litigation representative?
Yes, the injury lawyer in St. Albert must follow the process outlined in the Minors’ Property Act. Anytime that someone under the age of 18 has a claim worth $10,000 or more, it becomes necessary to have a litigation representative file the personal injury claim. Parents or guardians that remain unsure about a claim’s value should consult with a lawyer.
Is there a limitation period for the filing of a child’s claim?
The length of that limitation period can be one of two different time spans. It could be 2 years, if the claim got filed 2 years from the occurrence of the accident, or from the date when it became obvious that the injury was due to the defendant’s conduct, or from the date when the injury seems serious. It might also be 10 years after the collision, depending on which of the two-time frames expires first.
How do the losses for a child differ from the ones suffered by an adult?
Obviously, a small child would not have to deal with loss of an existing income. Still, a younger person would confront the challenge of facing a life in which there would certainly be a limited number of ways to earn a living. In other words, the affected child deserves to be compensated for a loss of future income.
How does the court determine the value of that loss of future income? It studies the information on the child’s known interests. At the same time, it reviews the information on the child’s recognized abilities and obvious skill-set.
How is the process different once the child has received an award?
At that point the Public Trustee oversees any actions taken by the selected adults. The Public Trustee makes sure that the awarded money gets used properly. When it is not being used, it has to be placed in safe-keeping.
The Public Trustee makes sure that the parent or guardian has not dipped into the pool of money that has been awarded to a younger person, the one that is in the parent’s or guardian’s care. In other words, the existence of the award money does not free the parents or guardian of the need to perform their typical duties.