Ontario’s roads, while generally safe, pose a significant risk to its youngest passengers. Motor vehicle accidents involving minors are a distressing reality, often leading to serious injuries and long-term consequences. In these difficult situations, Ontario law provides unique protections for minors, recognizing their vulnerability and ensuring they have ample time and support to seek compensation for their injuries.
Understanding Limitation Periods and Minors
In legal terms, a limitation period is the deadline for filing a lawsuit. In Ontario, the standard limitation period for most personal injury claims, including those arising from motor vehicle accidents, is two years from the date of the accident. However, for minors, this limitation period doesn’t start to run until they turn 18.
This legal provision is crucial because it recognizes that minors may not fully understand the extent of their injuries or their legal rights immediately after an accident. It gives them the time they need to reach adulthood and make informed decisions about pursuing legal action.
Court Approval for Settlements
Another important protection for minors involved in motor vehicle accidents is the requirement for court approval of settlements. Unlike adults who can settle their claims independently, settlements for minors must be reviewed and approved by a judge.
The purpose of this requirement is to ensure that the settlement is fair and in the child’s best interests. The judge will carefully consider factors such as the severity of the injuries, the child’s medical needs, and the potential for future complications. They will also assess the settlement amount to ensure it adequately compensates the child for their losses.
The Role of Litigation Guardians
Since minors cannot represent themselves in legal proceedings, they require a litigation guardian to act on their behalf. This is usually a parent or close relative who has the child’s best interests at heart. The litigation guardian is responsible for making legal decisions on the child’s behalf, including whether to file a lawsuit, negotiate a settlement, or proceed to trial.
Seeking Legal Advice
If a minor is injured in a motor vehicle accident in Ontario, it is crucial to seek legal advice from a lawyer experienced in personal injury law and representing minors. A lawyer can guide the family through the legal process, explain their rights and options, and advocate for the child’s best interests. They can also help negotiate a fair settlement or represent the child in court if necessary.
Conclusion
Ontario law provides important protections for minors injured in motor vehicle accidents. By suspending limitation periods and requiring court approval for settlements, the law ensures that children have the time and support they need to seek fair compensation for their injuries. It also recognizes the unique vulnerabilities of minors and the importance of protecting their legal rights. If your child has been injured in a motor vehicle accident, don’t hesitate to seek legal advice to understand your options and protect your child’s future.
