Under the law in British Columbia, a child or person under the age of 19 is considered an “infant.” An infant injured through the negligence of another person can suffer injuries the same as an adult, and, depending on the age of the infant, the type of injuries suffered and the effects of the injuries, an infant can be entitled to compensation for the same reasons as an adult. However, as long as an injured person is under the age of 19, the procedures for resolving the claim through negotiation or through the Courts is different than for an adult, chiefly because of the necessary involvement of the office of the Public Guardian and Trustee of British Columbia.
When an adult agrees to settle his or her claim for a certain amount of money, the adult signs a release agreement and in exchange, receives his or her settlement funds. In the case of an infant’s claim, any settlement must be approved by the Public Guardian and Trustee, and in the case of settlements over $50,000, the Public Trustee reviews the proposed settlement and makes recommendations to the Court as to the appropriateness of the settlement, including any legal fees if the infant has a lawyer, and the Court makes the final decision on the matter.
In support of the proposed settlement, written submissions must be provided to the Public Guardian and Trustee. These submissions must explain the circumstances of the accident, the injuries suffered, whether the infant has ongoing or permanent symptoms and limitations arising out of the injuries, the amount of compensation proposed as well as reasons to justify the proposed compensation, the steps taken in the litigation process if an action has been commenced, any relevant legal issues (such as liability or contributory negligence) that might affect the amount of compensation, and the amount of legal fees proposed.
Accompanying the written submissions to the Public Guardian and Trustee must be any relevant medical or other documentary evidence necessary for the Public Guardian and Trustee to fully consider the merits of the claim and proposed settlement. Once the settlement is approved, the settlement monies are forwarded to the Public Guardian and Trustee’s office where they are held in trust for the infant until he or she attains the age of 19 years. If the Public Guardian and Trustee’s office does not approve the settlement, an application can be made to Court to approve it, although the application is likely to be contested, or the matter is referred back for further negotiation or gathering of evidence or information as the case may require. This process is designed to protect the interests of the infant, and it can provide peace of mind to the infant’s parents in the way of ensuring their child has received a fair settlement.
For more information on the Public Guardian and Trustee’s role in an infant’s personal injury claim, refer to the website of the Public Guardian and Trustee of British Columbia
There are other procedural differences in the handling of claims for infants. Typically, the limitation period within which a legal action must be commenced in personal injury lawsuits is two years from the date of the accident, but for infants, the limitation period is postponed until two years after the infant attains the age of majority (19 years of age). Also, an infant’s legal action must be commenced by a “Litigation Guardian” (typically one of the child’s parents or a legal guardian) who can instruct the lawyer and receive and consider legal advice. A parent who may have been at fault for the child’s injuries is not eligible to act as Litigation Guardian.
Because of the obvious complexities involved in pursuing a claim on behalf of a child, it is a good idea to retain a lawyer to assist with the process, and despite the additional steps the lawyer is required to take in the course of representing an infant, there are no additional legal fees. MacIsaac & Company has represented numerous infants with injuries ranging from mild whiplash type injuries to catastrophic brain injuries. We understand the devastating effect a child’s injuries can have on a family, and we strive to handle these claims with professional integrity and respect and consideration for the family of the injured child.
115 – 19 Dallas Road
Victoria, BC - V8V 5A6
(Shoal Point at Fisherman’s Wharf)
+1 (250) 381-5353
email
200 - 190 Ingram Street
Duncan, BC - V9L 1P1
+1 (250) 746-4422
email
By appointment only
+1 (250) 334-3110
email
LARRY MCCREA LAW CORPORATION
Address
#3 – 95B Highway 97
100 Mile House, BC V0K 2E0
Phone 250-395-1151 / Fax 250-395-1153
office@lmccrea.com
www.lmccrea.com
MACISAAC & COMPANY
Address
By appointment only
Courtenay, BC
Phone (250) 334-3110 / Fax (250) 334-3108
courtenay@macisaacandcompany.com
STASIUK & COMPANY
Address
201 – 10300 – 10th Street
Dawson Creek, B.C. V1G 3T6
Phone 250-782-5297 / Fax 250-782-7746
stasiukreception@neonet.bc.ca
Address
200 – 190 Ingram Street
Duncan, B.C. V9L 1P1
Phone (250) 746-4422 / Fax (250) 746-1811
macduncan@macisaacgroup.com
BUCKLEY & COMPANY
Address
5 – 219 Victoria Street
Kamloops, B.C. V2C 2A1
Phone 250-372-1404 / Fax 250-434-0232
shawn@buckleyandco.ca
buckley-law-office.com
KIMMITT WRZESNIEWSKI
Address
202 – 1433 St. Paul Street
Kelowna, B.C. V1Y 2E4
Phone (250) 763-6441 / Fax (250) 763-1633
info@kimmitt.ca
kimmitt.ca
CHRISTOPHER H. JOHNSTON LAW CORPORATION
Address
208 Broadway
Nakusp, B.C. V0G 1R0
Phone (250) 265-0108 / Fax (250) 837-7194
info@nakusplawyer.com
www.nakusplawyer.com
NOWOSAD & COMPANY
Address
8700 Market Street
PO Box 1289
Port Hardy, BC, V0N 2P0
Phone (250) 949-6031 / Fax (250) 949-2633
nowosad1@telus.net
NOWOSAD & COMPANY
Address
Box 308, 1750 Campbell Way
Port McNeill, B.C. V0N 2R0
Phone (250) 956-3228 / Fax (250) 949-2633
nowosad1@telus.net
BVD LAW CORPORATION
Address
450 Vancouver Street Prince George, BC V2L 5N2
Phone (250) 614-1283 / Fax (250) 614-1284
bvdlaw@telus.net
RODWAY & PERRY
Address
1 – 699 Beach Road
P.O. Box 138, Station Main
Qualicum Beach, B.C. V9K 1S7
Phone (250) 752-9526 / Fax (250) 752-9521
rodwayandperry@shaw.ca
GARY LILIENWEISS
Address
342 Kinchant Street
Quesnel, BC V2J 2R4
Phone 250.992.9090 / Fax 250.992.9779
garyjl@telus.net
ARROW LAW CORPORATION
Address
202 First Street East (beside The Cabin)
P.O. Box 2639
Revelstoke, B.C. V0E 2S0
Phone (250) 837-6171 / Fax (250) 837-7194
info@revelstokelawyer.com
www.revelstokelawyer.com
VERDURMEN AND COMPANY
Address
450 Lakeshore Drive
P.O. Box 826
Salmon Arm, BC, V1E 4N9
Phone (250) 833-0914 / Fax (250) 833-0924
vlex@telus.net
RALSTON AND ASSOCIATES
Address
606 – 15216 North Bluff Road
White Rock, BC, V4B 0A9
Phone 604-581-0807 / Fax 604-581-0809
stephen.h@ralstonandassociates.ca
ralstonandassociates.ca
RAINCOAST LAW
Address
1566 Peninsula Road
PO Box 909
Ucluelet, BC, V0R 2A0
Phone (250) 726-4307 / Fax (250) 726-2180
info@raincoastlaw.com
raincoastlaw.com
RAINCOAST LAW
Address
1566 Peninsula Road
Ucluelet, B.C. V0R 3A0
Phone (250) 726-4307 / Fax (250) 726-2180
info@raincoastlaw.com
raincoastlaw.com
BUCKLEY AND COMPANY
Phone 250-372-1404 / Fax 250-314-1609
Toll Free 1-800-440-1404
Address
115 – 19 Dallas Road
Victoria, BC, V8V 5A6
Phone (250) 381-5353 / Fax (250) 380-7272
victoria@macisaacandcompany.com
BUCKLEY AND COMPANY
Phone 250-372-1404 / Fax 250-314-1609
Toll Free 1-800-440-1404
SIRRS LLP
Address
PO Box 6060, 5220 51st Avenue
Wetaskiwin, Alberta T9A 2G3
Phone (780) 352-3301 / Fax (780) 352-5976
mail@sirrsllp.com
sirrsllp.com
SIRRS LLP
Address
5034 – 49 Avenue
PO Box 4546
Ponoka, Alberta T4J 1E1
Phone (403) 783-6021 / Fax (403) 783-8363
mail@sirrsllp.com
www.sirrsllp.com
SIRRS LLP
Address
4714 – 50 Avenue
Rimbey, Alberta
Phone (403) 843-6986 / Fax (403) 843-3799
mail@sirrsllp.com
www.sirrsllp.com