Injuries to Children
Consistently ranked as a Top 10 Personal Injury Law Firm in Ontario by Canadian Lawyer Magazine.
As a parent, you are always alert to ensure your child is kept safe in all circumstances, paying close attention to their needs and surroundings to keep them out of danger. However, accidents do happen, and injuries to children can be devastating for families.
The Ongoing Impact
The impact on your child may cause ongoing struggles for years, possibly even affecting them for the rest of their lives. In addition, you might suffer from your own trauma surrounding the event, wishing you could go back in time and change it while harbouring anger, sadness, or guilt.
Recovering Fair Compensation
At Bergeron Clifford, our lawyers are here to provide strength and confidence for you and your child in difficult times following an injury. Depending on the nature of the injury and when it occurred, your child may not be able to live the life you dreamt for them without the right medical care and resources. We will work with your case to ensure your child is awarded fair compensation so that they can get the appropriate resources to help build a future that is similarly enriching and fulfilling to the one you had hoped for them.
Physical Effects
Children are constantly growing. However, their road to recovery from broken bones can be unique compared to an adult suffering the same injury.2 Healthcare professionals can determine the correct course of action following an accident and may adjust their recommendations as needed based on the potential progression of the injury. It is also important to note that studies have shown children experience pain differently than adults. Their reactions may manifest in different ways, including general irritability or changes in appetite or sleep.3Pain is difficult to deal with at any age, but even more so for kids who may want to stop participating in activities they once loved.
Long-Term Effects
Even after your fracture is healed, you could have trouble sleeping and getting comfortable, resulting in an inability to relax or decompress and adding more stress to your life. You could become anxious about your injury as well, which may cause you to stop pursuing tasks that bring you joy. Following a fracture, various depressive symptoms are possible.4
Emotional Effects
Youth is a crucial time when children develop emotions and attachments that they will carry into adulthood.4 These patterns should be healthy, and following a catastrophic injury, it is vital your child feels loved and supported as it relates to their recovery. Otherwise, they could struggle to form relationships or return to their routine, feeling pessimistic about life. In addition, it is possible for parents to exhibit signs of PTSD following incidents where their children have been seriously hurt. As a parent, you may act out, have overwhelming reactions, or show frustration, which can cause serious emotional effects that may require further medical care for your child.5
Educational Effects
Education is an integral part of a child’s life, whether that be in school or interacting with the world around them to learn social and practical skills. Following an injury, it is possible a child will need additional support as it relates to in-school learning, especially if they have suffered a brain injury.6 In our experience, we have also witnessed kids having to miss school while on the road to recovery, whether due to therapy appointments or doctor’s office visits. As a parent, you may be left with few avenues on how to keep them motivated and engaged should they fall behind their peers.
Hiring a Child Injury Lawyer
These kinds of cases are unique in the legal system. As children under the age of 18 are unable to sue in their own name, a litigation guardian must be appointed for the proceedings to serve as their representation. In addition, any settlement of a claim will have to be approved by the courts, which means it will be up to the system to ensure fair compensation for their injuries. This can contribute to rehabilitation costs, specialists, or modifications needed that ensure your child can live a happy life despite all that has happened to them.
The Challenges of Child Injuries
Children can get hurt in many different ways. Sometimes, these injuries happen because someone else was careless. When this happens, it can seriously impact a child’s mental and emotional well-being, their growth, and overall development. Such injuries can include but are not limited to:
All of these possibilities could impact your child both physically and mentally. In Canada, it is estimated that head injuries and concussions are the most commonly reported injury related to children. Further, serious cuts and punctures were more common in children aged 1 to 4 and broken bones and fractures in youths 10 to 14.1 An accurate diagnosis will put your child on the road to recovery. However, more severe problems can have significant effects with distressing outcomes. For expectant mothers, there is also the possibility of birth injuries or defects caused by poor medical practices.
Working with Begeron Clifford
Our children are our world, and if something has happened to yours, we know that considering a lawsuit is likely one of the last things you want to focus on. At Bergeron Clifford, we understand that you want your little one to be well. We want that for them, too, and our child injury lawyers can help walk you through the steps of this challenging process. To learn more about how we can help your family, please contact us.
Contact Us Today
Our team at Bergeron Clifford is ready to help you through this difficult time and fight for your rights. We offer compassionate and skilled legal services to ensure you receive the fair compensation you deserve.
Time is of the essence when it comes to pursuing a personal injury claim following a motor vehicle accident. That’s why we are committed to providing you with the information you need to make informed decisions about your case. For more information on our services, please contact us.
Frequently Asked Questions
Absolutely. When your child is injured on another person’s property due to negligence, you have the right to seek compensation. We understand the emotional toll such incidents can take on families. Our firm specializes in holding property owners accountable for unsafe conditions that lead to injuries. We’ll investigate the circumstances of the accident, gather evidence, and fight for the compensation your child deserves.
As a parent, your first priority is your child’s safety. If your child sustains an injury at school or daycare, you may have legal recourse. Our experienced team is here to guide you through your options. During an initial free consultation, we can examine the circumstances of the incident, including supervision protocols and safety measures in place. This can help give us a better idea of responsible parties and how we can move forward regarding your case.
The compensation you can seek for your child’s medical expenses depends on various factors, including the severity of the injury and the impact on their life. Our firm is committed to ensuring that your child receives the necessary medical care without adding financial strain to your family. We work on a contingency fee basis, helping families seek fair compensation without the burden of upfront expenses. As we build your claim, we’ll focus on fair compensation for medical bills, rehabilitation costs, and any future medical needs your child may have.
Yes, there is a time limit, known as the statute of limitations, for filing a lawsuit for your child’s injury. However, this is based on the injury and specifications of the location where it occurred. It is crucial to take action as soon as possible to protect your child’s rights. When you work with our experienced team, we will ensure all legal deadlines are met while focusing on your child’s well-being.
Our firm has extensive experience dealing with insurance companies. We will assess the reasons for the denial or undervaluation and strategize accordingly. This may involve presenting additional evidence, negotiating aggressively, or even pursuing litigation if necessary.
At Bergeron Clifford, our team is highly experienced in cases marked by catastrophic injury, including those affecting children. Our lawyers can be instrumental in safeguarding your child’s rights after an injury. Our dedicated team will serve as advocates for your child, ensuring that their best interests are prioritized throughout the legal process. From investigating the accident to negotiating with insurance companies, we will handle all aspects of the case, allowing you to focus on your child’s recovery.
Sources
1. “Injuries among Canadian Children and Youth: An Analysis Using the 2019 Canadian Health Survey on Children and Youth, HPCDP: Vol 43(2), February 2023.” 2023. Www.canada.ca. February 15, 2023.
2. Lindaman, L. M. 2001. “Bone Healing in Children.” Clinics in Podiatric Medicine and Surgery 18 (1): 97–108. https://pubmed.ncbi.nlm.nih.gov/11344982/.
3. Mathews, Lulu. 2011. “Pain in Children: Neglected, Unaddressed and Mismanaged.” Indian Journal of Palliative Care 17 (4): 70. https://doi.org/10.4103/0973-1075.76247.
4. Winston, Robert, and Rebecca Chicot. 2016. “The Importance of Early Bonding on the Long-Term Mental Health and Resilience of Children.” London Journal of Primary Care 8 (1): 12–14. .
5. Meijel, Els P. M. van, Maj R. Gigengack, Eva Verlinden, Alida F. W. van der Steeg, J. Carel Goslings, Frank W. Bloemers, Jan S. K. Luitse, Frits Boer, Martha A. Grootenhuis, and Ramón J. L. Lindauer. 2019. “Short and Long-Term Parental Posttraumatic Stress after a Child’s Accident: Prevalence and Associated Factors.” Child Psychiatry & Human Development 51 (2): 200–208. .
6. Prasad, Mary R., Paul R. Swank, and Linda Ewing-Cobbs. 2017. “Long-Term School Outcomes of Children and Adolescents with Traumatic Brain Injury.” Journal of Head Trauma Rehabilitation 32 (1): E24–32https://doi.org/10.1097/htr.0000000000000218.
