CAN I START A PERSONAL INJURY CLAIM FOR MY CHILD?

personal injury claim

You never want to think about your child suffering an injury, but if it happens, it is important to be prepared. One way that you can be better prepared is by knowing what your child’s legal rights are in terms of how they can sue if they are injured. While there are many similarities between a personal injury claim for adults and for children, there are also some important differences that you should be aware of if you intend to start a claim for your child.

1.  Can a child sue in their own name?

According to the Alberta Rules of Court, children under the age of 18 are not able to start a lawsuit on their own. Instead, someone over the age of 18 must bring the action on behalf of the child in question. This means that a parent or guardian is required to step-in and act as a “litigation representative” for the child.

2.  How long does a child have to start a claim?

As an adult looking to start a personal injury claim, you only have two years from the date of the accident to start a claim and sue for your injuries (Limitations Act). However, for children under the age of 18, the limitation period is extended so that they have 2 years after the date on which they turn 18 to bring a claim.

3.  Will my child receive the money directly?

Depending on the circumstances and the sum of the awarded money, the Public Trustee may get involved until your child turns 18.

4.  Who is the Public Trustee?

While parents and guardians can make certain decisions for their children, for example, regarding education and medical care, they are not automatically entitled to deal with money for their children. This is where the Public Trustee comes in. The Public Trustee is appointed by the Alberta government to protect and manage the property and financial interests of minors.

5.  When does the Public Trustee get involved?

When a child is awarded a sum under $25,000 for their personal injury claim, a parent or guardian may manage the funds for the child (although there are certain exceptions). In this case, the parent or guardian is responsible for managing the funds in the “best interest of the minor”.

When a child is awarded a sum over $25,000, the money goes to the Public Trustee who has a duty to act in the best interests of the child and is responsible for confirming the amount of the settlement. Once the Public Trustee has confirmed the settlement amount, they become responsible for managing those funds until the child turns 18, at which point the money is paid out to the child.

Overall, starting a personal injury claim for your child comes with some additional complexities that are not involved when a claim is started by an adult. Therefore, it is important to contact a personal injury lawyer who can assist you with bringing your child’s claim.

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    Highlights of the New Emergency Measures Regulations

     

    Under the Emergency Measures Regulations, very recently the Federal Government enacted law aimed at dismantling public assemblies that may reasonably be expected to lead to a breach of the peace.  This includes public assemblies like blockades that interfere with movement of persons, goods, or trade.  Several penalties, offences, and restrictions have now been enacted for those who participate.

    Some highlights of this new law are: 

    [Please note that certain persons, (for example persons registered as Indians under the Indian Act and refugees), are exempt from at least some of the restrictions.]

     

    1  It is illegal to participate in a public assembly, that may reasonably be expected to lead to breach of the peace by:

     

    a.  Serious disruption to movement of persons or goods or serious   interference with trade

    b.  Interfering with the functioning of critical infrastructure (e.g. hospitals, airports, bridges, etc.)

    c.  Supporting the threat or use of violence against people or property

    2  Children: it is now illegal to bring minors (persons under 18) to such assemblies and it is illegal to bring children to within 500 metres of such assemblies

    3  Foreign Nationals are prohibited from entering Canada to participate in such assemblies

    4  No one can travel to or within an area where such an assembly is taking place

    5  It is illegal to provide or invite anyone to provide property to facilitate illegal assemblies.

    6  Towing/removal service providers, if asked by the Minster or the RCMP, are required to remove, tow, and store any vehicle or other object that is part of a blockade; such service providers will be entitled to reasonable compensation.

    7  Peace officers are entitled to take necessary measures to ensure compliance.

    8  Failing to comply with the regulations can result in a fine of up to $5,000 or five years in jail, or both.

    Additionally, the Federal Government enacted the Emergency Economic Measures Order.  This new Order requires entities such as banks, credit unions, companies, and societies to determine and report if they are in control of property held by a participant in an illegal assembly.  Such entities must cease to provide any funds, property, or currency to anyone participating in an illegal assembly.  They must not provide any financial or related services to participants in an illegal assembly.  The Order also specifies that entities cannot provide insurance for vehicles being used in illegal public assemblies.

    SOCIAL HOST LIABILITY; KNOW THE LAW BEFORE THROWING A PARTY DURING THE HOLIDAYS

    SOCIAL HOST LIABILITY; KNOW THE LAW BEFORE THROWING A PARTY DURING THE HOLIDAYS

    Can I be held responsible for the actions of a drunk party guest after they have left the party?

    With the holiday season upon us, so too are social gatherings and parties. With that comes the potential for guests to become impaired, and unfortunately, the potential for injury to occur because of impaired driving. While the holiday season can be a great time to reconnect with loved ones and friends, it is important to know what your responsibilities are if you are hosting a gathering in your home, and the potential risks of doing so.

    Imagine a situation where you host a party with alcohol. One of your party guests drives away and because they were quite intoxicated, they cause a serious collision. As a result of the accident, someone on the road is either seriously injured or dies. Can you be held partially responsible for these injuries as the host of the party?

    What is a social host?

    In Canada, this question can be answered by looking at the law regarding social hosts. A social host is someone who hosts an event like a party or get-together in a private setting, where alcohol is provided to the guests. These events might include dinner parties, house parties, or other forms of social gatherings.

    This is different from a commercial host. A commercial host, like a bar or restaurant that provides alcohol to customers, can and have been held at least partially responsible for the actions of their customers. That is because as according to the law, these places can monitor how much someone has had to drink, amongst other reasons. But can a social host be held responsible in a similar way?

    Can I be held responsible for my guests’ actions after they leave the party?

    The Courts have put less strict requirements on a social host for the consequences of their guests’ actions. While holding a social host responsible for the actions of their drunk party guests is possible though it depends on quite a lot on the setting and circumstances of the social event. These factors might include how risky the party is. For example, were you hosting a BYOB party where you provided minimal to no alcohol, or were you a teenager throwing a wild party with over 100 underage drinkers (Williams v. Richard, 2018 ONCA 889)? The Courts see these on opposite ends of the spectrum as far as risk is concerned.

    Consider a situation where you host a BYOB New Year’s Eve party. One of your guests becomes quite intoxicated and drives away, causing a collision on the way resulting in injuries and a fatality. You would not necessarily be held legally responsible for this accident if you were hosting the party. According to the Courts, a host might not be able to foresee someone being injured if one of their party guests drove away (Childs v Desormeaux, 2006 SCC 18). So not stopping them from driving is not something the host is expected to do.

    On the other hand, if you knew that the guest meant to drive home and still continued to serve them with alcohol anyway, it is possible that you would be held responsible for the injuries caused in a car accident (Childs v Desormeaux, 2006 SCC 18).

    It is important to understand and know what the risks are of holding a social gathering. More importantly, it is important to stay safe this holiday season when getting together with loved ones! Consider taking steps to make sure that your guests get home safely, like through designated drivers, or suggesting taxi services.

    Calgary Injury Lawyer

    Moustarah & Company: Your Experienced Personal Injury Lawyer for Calgary

    Calgary personal injury lawyerThe 2019 Traffic Collision Summary for the City of Calgary reported 44,666 total collisions for the year which included 19 fatal collisions and 2353 injury collisions. This only accounts for Motor Vehicle Collisions (MVC’s) within the city limits of Calgary. As the fourth largest population centre in Canada, Calgary also sees extensive commuter traffic from surrounding communities. According to the Alberta Traffic Collision Statistics Summary 2018, the majority of fatal collisions (75.6%) occurred in rural areas.

    Causes of Personal Injury in Calgary

    calgary injury lawyerExcessive speeding, distracted driving, and impaired driving are often the cause of personal injury related to motor vehicle collisions including accidents involving pedestrians and cyclists. If you have suffered a personal injury in Calgary or surrounding areas due to another driver’s carelessness, Moustarah & Company’s highly trained personal injury law team has the right experience and expertise to provide you with the legal advice you need.

    Although motor vehicle accidents are a significant cause of personal injury in Calgary, there are many types of personal injury that may entitle an injured person to compensation. If you have experienced a significant personal injury caused by another’s negligence it is important to know your

    legal rights for any of the following types of claims:

    Our compassionate team at Moustarah & Company understands that no price can ever replace a

    loved one or fully compensate for physical, emotional and psychological pain and suffering. However, recompense for loss can be an essential component of recovery and peace of mind; significant

    medical expenses, loss of income, and many other impacts will be compensated for with the right legal help.

    When your life has been turned upside down, we are here to help set it right.

     

     Contact Moustarah & Company for a no-obligation, free consultation today.

     Call us now for a free consultation.

    Moustarah & Company

    Calgary Personal Injury Lawyer

    Call to book a consultation: 780-428-6565

    Edmonton: 10150 100 St NW #400

    What is the legal requirement for a claim to be classified as a personal injury?

    In order to be classified as a personal injury, a claim must be able to determine that the harm was caused due to another person’s negligence. Although most people are aware that injury refers to physical harm, a personal injury claim can also include compensation for emotional and psychological harm. Compensation for this type of negligence falls under tort law.

    Moustarah & Company has two decades of experience with many different types of injuries resulting from motor vehicle collisions and other types of personal injury incidents. We know that no two

    incidents are the same and take time with our clients to understand how the legal complexities of personal injury law apply to your situation.

    We can help you: Book your no-obligation free consultation today.

     Do all types of personal injury qualify for compensation?

     Personal Injury Types

    There are extensive categories of injuries that legally qualify for compensation. Qualified legal support can guide you through these exhaustive categories and ensure you understand all your legal rights when you have had life altering injuries. Compensation claims are typically based on an assessment of the types of injuries received and the severity of the injuries. Some example of severe injuries that would commonly be applicable include:

    • Significant loss or limitation of an organ
    • Dismemberment
    • Bone fractures
    • Disfigurement
    • Permanent Scarring
    • Major or Expensive Surgery

    calgary injury lawyerWrongful Death Claims

    The loss of a loved one in any circumstance can be overwhelming; but when the loss of life was due to negligence it can be particularly traumatising and difficult to reconcile. This type of event is legally classified as wrongful death and family members may claim compensation for the significant impacts that accompany loss of life.

    The guidelines in Section 3 of Alberta’s Fatal Accidents Act, state that only the deceased’s spouse, adult independent partner, parent, child or siblings are able to make a wrongful death claim.

    What impacts and expenses are compensated for in a personal injury claim?

    Many types of financial hardship including unexpected medical expenses associated with personal injury will be accounted for in your claim but additional impacts to your health and quality of life are also considered. Impacts and expenses that may be considered often include:

    • Loss of income
    • Medical expenses including surgery
    • Loss of partner support and companionship
    • Home and vehicle disability accommodations
    • Physical pain
    • Emotional or psychological pain and suffering
    • Diminished quality of life

    Only a qualified personal injury lawyer can fully assess all the impacts that are compensated for under the law which is why it is in your best interest to access a free consultation to discuss your potential claim. To receive the full settlement you are entitled to, a competent analysis of all the

    impacts and expenses related to your injury is required. We care about our clients and consider the impacts they are experiencing now, and may experience in the future, when doing a careful, professional and compassionate assessment of their claim.

    I’ve received a settlement offer. Is it too late to consult a personal injury lawyer?

    No, it is not too late. Too often personal injury victims feel pressured to sign a settlement offer prior to having a legal assessment of your claim or fully understanding the full medical and other life-altering

    impacts their injury will have as time goes on. At Moustarah & Company we have the experience and patience to guide you and recommend the proper medical assessments necessary to fully understand your claim and compensation.

    It is in your best interest to have a legal expert review the settlement documentation and ensure it does not undervalue the compensation you are legally entitled to before signing anything. Receiving timely legal advice can often save you from financial hardship down the road by identifying areas you (or the insurance company) have overlooked.

    A timely settlement offer can seem attractive when you are already experiencing stress and hardship from a personal injury. Unfortunately an insurance company does not work for you and will be looking to offer a quick, seemingly attractive offer to close their claim. Our personal injury lawyers are

    working for you, walking along your legal journey with you, and diligently considering all the angles of personal injury law to protect you.

    Why should you choose Moustarah & Company as your Calgary personal injury law firm?

    Advocacy

    We pride ourselves on giving a voice to those who deserve to have their case calgary injury lawyerheard and understood. We are expert negotiators who believe in seeking just compensation for victims of personal injury.

    Our clients are not cases or numbers; they are neighbours and persons who we stand beside, support and advise.

    Expertise & Experience

    For two decades Albertans have looked to Moustarah & Company for expert counsel when experiencing one of the most challenging fights of their life. We fight competently, passionately and successfully for our clients to claim their legal rights.

    We have extensive experience both in personal injury law and criminal law. Whether your claim is settled or goes to court, you can rely on both our negotiation and trial experience at every step.

    Community & Compassion

    We care about our neighbours and the communities we share together. We believe our actions define us more than our words. For this reason, we are dedicated to supporting a number of community organizations and events on an ongoing basis.

    We believe empathy and compassion are essential parts of what makes a great lawyer. We approach personal injury with the care and concern it deserves. We recognize each individual’s situation is unique and work closely with our clients. We also provide fluent language support in English, Arabic, French, and Persian (Farsi).

    We understand that if you have been a victim of personal injury your focus should be on recovery and not on additional expenses. Until we win or settle your case you will not be charged any legal fees.

    Contact Moustarah & Company for a no-obligation, free consultation today.

    Call us now for a free consultation.

    Moustarah & Company

    Calgary Personal Injury Lawyer

    Call to book a consultation: 780-428-6565

    Edmonton: 10150 100 St NW #400

      Edson Injury Lawyer

      Experienced Personal Injury Lawyer Edson

      edson personal injury lawyerHave you suffered a personal injury in Edson?  There are many ways that a person can sustain personal injury. A personal injury lawyer can confirm that motor vehicle accidents are just one of the many reasons why anyone can suffer a personal injury in Edson.

      If you have been the victim of personal injury, Moustarah & Company is here to help you.  If you are injured in a car accident in Edson, you want the best accident lawyer in Edson and we are here to take care of you.

      While compensation may not be the answer to one’s loss or trauma, in many cases, it can be the answer to expensive treatments, loss of wage, or an altered quality of life.  Whether you need a bicycle accident lawyer, or a motorcycle accident lawyer in Edson, there are many expenses involved in your recovery from a personal injury and a qualified personal injury lawyer can help you to be compensated for all of them.

      Let’s face it: none of us are ever prepared for an accident, but when an accident happens, we must be prepared.

      We are here to help. We are your best car accident lawyer in Edson.

       Contact Moustarah & Company for a no-obligation free consultation today.

      What does personal injury compensation cover?

      Injuries that result in significant scarring or disfigurement, dismemberment, bone fractures, significant limitation or loss of an organ, and serious injuries that require expensive surgery are some of the things that qualify for personal injury compensation.  We are your best personal injury lawyers in Edson.

      However, that’s not all. One can also claim compensation if an accident resulted in the death of a dear one. In legal parlance, this is known as wrongful death. In Alberta, the Fatal Accidents Act clearly mentions who can and cannot make claims for wrongful deaths. According to Section 3 of this Act, only the deceased’s spouse, adult independent partner, parent, child, brother, and sister are eligible to make a claim.

      The financial circumstances that your compensation might cover include:

      • Loss of wage
      • Physical pain
      • Medical expenses
      • Psychological anguish
      • Emotional trauma
      • Diminished quality of life
      • Disability accommodations for both your home and your vehicle
      • Loss of support and companionship

      The nature of one’s injury often plays a decisive role in determining the compensation amount. It hence becomes extremely important that your injury is properly analyzed. Proper categorization of your injury is also one of our primary responsibilities. Since we have been working on personal injury claims for more than a decade, we can help you estimate the compensation you might be eligible for and work with you to ensure that you get it.  If you have been injured in a car accident in Edson, contact us, we will help you get the best support.

      Do all accidents qualify for a personal injury claim?

      Accidents that are the result of another person’s negligence give you the right to claim compensation provided you were injured in such an incident. The severity of an injury may range from minor bruises to life-changing experiences and even the loss of life.

      For almost two decades, we at Moustarah & Company have helped many people like you get their rightful compensation in incidents such as:

      • edson personal injury lawyerTraumatic Brain Injury
      • Motor Vehicle Accidents
      • Motorcycle Accidents
      • Pedestrian Accidents
      • Cyclist Accidents
      • Slip and Falls
      • Other Personal Injury Matters

      We can help you too.

      If you have been the victim of negligence in Edson, choose Moustarah & Company – the best personal injury lawyer in Edson.

      Take the first step: Book your no-obligation free consultation today.

      Should you contact a personal injury lawyer even after receiving a settlement offer?

      YES.

      You may not be able to tell if the amount being offered to you is at all just. In fact, there might be several overlooked damages that may potentially result in out-of-pocket costs for you. Unforeseen costs can add up and you want to be sure that you receive compensation for all your costs.

      There are a lot of grey areas in law, which only an experienced personal injury lawyer can help you navigate.

      We would be happy to take a look at all settlement documents before you sign them. This single step might prevent you from jeopardizing your right to full financial recovery.

      Why choose Moustarah & Company?

      We are your neighborhood personal injury lawyers who care about you.

      edson personal injury lawyerOur area of expertise includes instances where injured individuals have sought compensation from someone who has harmed them and where individuals have sought compensation from small businesses or corporate entities.  In each case, an experienced personal injury lawyer at Moustarah and Company has been able to address our client’s needs. Our team offers expert legal advice.  At Moustarah, we understand that financial compensation alone cannot reverse the injuries you have suffered – our mission is to assist with your recovery and to help you regain control of your life.

      For decades, we have helped the residents of Edson and adjoining areas to claim their legal rights. We are also the best criminal lawyer in Edson.  Make us your personal lawyer in Edson.

      We have always remained highly involved in the wellbeing of the community through our various initiatives supporting non-profit and community organizations and events.

      For us, you are not just another case. You are our neighbor looking for help and advice.  And we won’t let you down.

      We provide services fluently in English, Arabic, French, and Persian (Farsi). We understand that every case is unique and demands its own individual attention. We will work very closely with you, always keeping your best interest in mind. Make us your first choice for your Edson personal injury lawyer.

      We at Moustarah & Company won’t charge any fee until we win or settle your case.

      Contact Us

         

        Leduc Personal Injury Lawyer

        Moustarah & Company: Your Experienced Leduc Personal Injury Lawyer

        leduc injury lawyerThe Leduc RCMP Detachment 2019 Year in Review reported 132 injury collisions – a rise from previous years.  Speeding violations for Leduc County Rural topped the file count at 774 with an average ticketed speed of 131 km/hr.  Popular cities like Leduc also attract commuters from neighbouring municipalities as well as from surrounding bedroom communities and rural areas. According to the Alberta Traffic Collision Statistics Summary 2018, the majority of fatal collisions (75.6%) occurred in rural areas.

        If you have been a victim of personal injury due to negligence on the part of excessive speeding, distracted or impaired driving in Leduc or surrounding areas, let our team of highly trained lawyers advocate for you.

        Motor vehicle accidents (MVA’s) resulting in personal injury are just one of many reasons to seek support from experienced legal counsel. At Moustarah & Company, we also champion those in Leduc who have suffered from slips and falls, unsafe work sites and medical malpractice to name a few.

        Don’t suffer alone; if you are a victim of personal injury, we are on your side.

        No amount of compensation can replace the loss of a loved one or repair an altered quality of life.  However, if you are entitled to damages, this compensation can greatly assist with medical expenses and loss of income.  It can also provide a sense of relief from the physical, emotional, and psychological trauma that can accompany personal injury.  Let us focus on your rights while you focus on recovery.

        When your life has been turned upside down, we are here to help set it right.

        Contact Moustarah & Company for a no-obligation, free consultation today.

        Call us now for a free consultation.

        Moustarah & Company
        Leduc Personal Injury Lawyer
        Call to book a consultation: 780-428-6565
        Edmonton: 10150 100 St NW #400

         What is legally required to classify a personal injury claim?

        To claim compensation for an incident, it must be determined that you have suffered harm as a result of another person’s negligence.  Reparations for this type of wrongdoing falls under tort law. Personal injury can include damage to your physical person as well as emotional and psychological trauma. Not all incidents are the same. At Moustarah & Company, we have over 2 decades of experience navigating legal complexities associated with many types of accidents and injuries such as:

        Our team of passionate, dedicated professionals have years of success seeking rightful compensation for clients injured in incidents due to negligence.  We can help you too.

        Take the first step: Book your no-obligation free consultation today.

        What types of personal injury qualify for compensation?

        Compensation may be determined based on the severity and type of injury.  There also may be multiple types of injuries sustained which can have an impact on your claim.  Compensation claims typically apply to serious injuries including:

        • Disfigurement and scarring
        • Dismemberment
        • Bone fractures
        • Significant Loss or limitation of an organ
        • Expensive surgery procedures

        The range of injuries that qualify for compensation can be extensive and it is important that you are properly guided to know your rights when you have been hurt due to a life-changing experience.

        leduc injury lawyerThe loss of a loved one is another traumatic event that a family member can claim compensation for if the resulting loss of life was due to negligence.  This situation is known legally as wrongful death.  There are specific guidelines in Section 3 of Alberta’s Fatal Accidents Act stipulating who can make claims for wrongful deaths. Only the deceased’s spouse, adult independent partner, parent, child, or siblings are eligible to make a claim.

        What is included in personal injury compensation?

        Unexpected financial hardship often accompanies serious personal injury.  This is taken into account when assessing a claim but compensation coverage also allows for a variety of additional impacts to your health and wellbeing.  Whether your personal injury claim applies to you directly, has impacted a dependant, or resulted in the loss of a loved one it is critical that the full impact be assessed. There are a number of circumstances that your compensation might cover including:

        • Surgery & medical expenses
        • Loss of income
        • Home and vehicle disability accommodations
        • Physical pain
        • Emotional & psychological trauma
        • Diminished quality of life
        • Loss of partner support and companionship

        Getting the settlement you deserve requires a responsible and compassionate analysis of your personal injury and the full impact it holds for you now and into the future.  Thorough diligence in assessing your claim is our top priority, backed by over 2 decades of caring and professional experience.

        I’ve received a settlement offer.  Is it too late to consult a personal injury lawyer?

        No, it is not too late.  In fact, before you sign anything it is advisable to have a legal expert review all settlement documentation.  We would be happy to ensure your rights to compensation are not being overlooked, saving you from further financial hardship.

        A timely settlement offer can provide a sense of relief during a distressful time. However, many settlement offers do not have your personal best interests at heart and may be far less than you deserve.  Unlike an insurance company, a lawyer is working for you and taking the diligence necessary to navigate the complexities of personal injury law.

        You may also feel pressured to accept an offer soon after you have experienced personal injury.  This may occur without having enough time to know the full extent of injury you have sustained.  You should not feel pressured to accept a settlement before you are confident in understanding the full impact your personal injury has had. We are here to walk you through the complications you may experience along the way.

        What makes Moustarah & Company stand out above the rest?

        Advocacy

        We pride ourselves on giving a voice to those who deserve to have their case heard and understood.  We are expert negotiators who believe in seeking just compensation for victims of personal injury.  Our clients are not cases or numbers; they are neighbours and persons who we stand beside, support and advise.

        Expertise & Experience

        For over 2 decades Albertans have looked to Moustarah & Company for expert counsel when experiencing one of the most challenging fights of their life.  We fight competently, passionately and successfully for our clients to claim their legal rights.

        We have extensive experience both in personal injury law and criminal law.  Whether your claim is settled or goes to court, you can rely on both our negotiation and trial experience at every step.

        Community & Compassion

        We care about our neighbours and the communities we share together.  We believe our actions define us more than our words.  For this reason we are dedicated to supporting a number of community organizations and events on an ongoing basis.

        We believe empathy and compassion are an essential part of what makes a great lawyer.  We approach personal injury with the care and concern it deserves.  We recognize each individual’s situation is unique and work closely with our clients. We also provide fluent language support in English, Arabic, French, and Persian (Farsi).

        We understand that if you have been a victim of personal injury your focus should be on recovery and not on additional expenses.  Until we win or settle your case you will not be charged any legal fees.

        Contact Moustarah & Company for a no-obligation, free consultation today.

        Call us now for a free consultation.

        Moustarah & Company
        Leduc Personal Injury Lawyer
        Call to book a consultation: 780-428-6565
        Edmonton: 10150 100 St NW #400

        Best personal injury lawyers in Edmonton

        Contact us today