Personal Injury Claims in BC for Children in Car Accidents

Nobody should ever have to suffer the devastating effects of a car accident – least of all children. A car accident or personal injury claim for an adult can be a stressful experience. For a child, it can be absolutely terrifying. Likewise, special rules apply when filing a personal injury claim for children in car accidents that you should definitely be aware of moving forward.

ICBC and Child Car Accident Injuries

There are a number of special rules with regards to ICBC that apply to anyone injured in a car accident under the age of 19-years-old.

Your child will need to make an ICBC Part 7 claim for Accident Benefits.  Like every claimant for ICBC Part 7 Accident Benefits, your child will have to provide a written report of the circumstances and consequences of the accident within 30 days of the collision, and an insurance claim application form within 90 days.  The child, like yourself, does NOT have to have a face-to-face meeting with an ICBC professional – a personal injury lawyer can assist in the preparation of the report and the application form and submit them on your child’s behalf.

If you’ve previously been in a car accident, you may have head about a two year time limit for filing a lawsuit after the date of the incident.   You may have also heard about when a child is involved, that this time limit does not actually begin until he or she turns 19.   This is not always so.  The Part 7 Accident Benefit claim lawsuit must be filed within two years of the collision, regardless of the claimant’s age.  Also, there are circumstances where other notices must be given within two months, six months, and court cases must be filed within six months of the incident. Finding a dedicated legal professional to represent your child immediately after the accident is always highly recommended so that these deadlines and limitation dates are not missed.

One of the major issues you might run into involving a personal injury claim for a child in a car accident involves determining the precise amount of damages that they’re owed. Damages are often determined based on someone’s remaining life expectancy and, in catastrophic cases, because children will obviously live far longer than adults, the amount of damages can often be overwhelming – usually far exceeding the policy limits of the insured drivers.

Likewise, there are a few unique types of damages that are a factor in an accident involving a child versus one involving an adult. If a child is severely injured, for example, their parents will often have to provide additional care and support that they otherwise would not have. A parent might have to quit their job (or at least take a lengthy reprieve) in order to care of the child full-time. This affects their total household income and other factors.  An In-Trust Claim would need to be included in the personal injury claim.  Other types of issues complicate the process of filing a personal injury claim in the correct way and they are another way that enlisting the help of a legal professional in such a situation will quickly prove invaluable.

What to Do When Your Child Suffers a Car Accident

If you or a loved one has been injured in an automobile accident in British Columbia or the surrounding areas, it is essential that you consult the help of a legal professional – especially if kids are involved. Injuries to children in car accidents are serious business and having someone on your side trained to handle these specific types of cases will help make sure you are ultimately awarded everything you are entitled to in a court of law.

If you’re looking for a passionate child injury lawyer in Vancouver or elsewhere in British Columbia, or if you’d like to discuss your own personal situation with someone in a bit more detail, please contact BLW Lawyers today for a free consultation.

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