Navigating a personal injury claim can be a complicated process. When the injured party is a minor it can become even more complicated as there are a few key differences when a minor is injured. The key differences in navigating the personal injury claim of a minor are: the limitation period; who may sue on behalf of a minor; and the involvement of The Public Trustee.
Limitation Period
Under the Alberta Limitations Act most claims have a 2 year limitation period. Minor plaintiffs are not subject to the same 2 year limitation the applies to adults, the 2 year period does not start until the Minor has reached the age of 18. There are exceptions to this rule, namely that a potential Defendant can notify the Public Trustee that a minor may have a claim against them. This can cause the 2 year period to begin from the notice date. As the limitation date is not always clear and can begin running before the minor turns 18, it is helpful to consult with an experienced personal injury lawyer when your child is injured.
Who may sue on behalf of a minor
In Alberta, anyone under 18 cannot bring an action for their personal injury on their own. When an action is being brought on behalf of a minor, an adult parent or guardian will need to act as a litigation representative of the child.
A minor also cannot sign a release to absolve the Defendant and their insurer of any further claim at settlement. This is understandably something that is typically required by the Defendant and their insurer when settling any claim. The Minors’ Property Act addresses this and states that in order for a settlement to be binding on a Minor, it must be signed by the Minors parent or guardian and approved by the court.
Involvement of The Public Trustee
The Public Trustee will automatically be involved and responsible for handling the settlement funds of a minor if the settlement amount is above $25,000.00. The funds are held by The Public Trustee for the benefit of the minor and are paid to the minor when they turn 18.
If the settlement awarded to the minor is under $25,000.00 then a parent or guardian may manage the funds. The parent or guardian is responsible for managing the funds in the best interest of the child and putting the child’s needs first. A Guardian’s acknowledgment of responsibility is required to be signed before the funds can be transferred to the parent or guardian’s care.
As mentioned previously, starting a personal injury claim for your child will require additional considerations and is typically more complex than a claim for an injured adult. If your child has been injured in and you have questions and need assistance with how to proceed, contact one of the experienced personal injury lawyers at Brar Law to schedule a free consultation. We are happy to explain the options for recovery specific to your circumstances, and provide legal advice and guidance. Contact us by email at info@brarlawfirm.com or by calling 403-770-9242 to book your free no obligation consultation.
