The Process for Personal Injury Claims Brought by an Infant

Personal injury claims involving infants are subject to different rules and procedures than claims involving adults. An infant in British Columbia law is any person under the age of 19 years old. Infants and adults are entitled to compensation for personal injuries for the same reasons, however, a claim on behalf of an infant must be brought by their litigation guardian, usually their parent, who will represent them throughout the process.

The Office of the Public Guardian and Trustee of British Columbia is involved throughout the process. The Trustee must review any settlement over $50,000 and offer recommendations to the Court about whether or not the settlement is appropriate. The Trustee must receive written submissions regarding the proposed settlements. The litigation process and all of the accident details must be included in the submission. Additionally, the settlement must be explained to the Trustee such that the Trustee agrees that the infant’s interests have been properly looked after. The Trustee has the right to reject the settlement.

An personal injury claim by an infant has many procedural differences from a personal injury claim by an adult. A personal injury lawyer must be familiar with the differences to make sure that the infant gets the maximum compensation possible.