Can Parents Claim for Children's Injuries After a Car Accident in Alberta?
Few things are more devastating than seeing your child injured in a car accident. Even when injuries appear minor, the emotional toll, medical uncertainty, and long recovery process can leave parents overwhelmed and unsure of what to do next.
In Alberta, parents have the legal right—and responsibility—to make claims on behalf of their injured children. These claims cover medical costs, pain and suffering, emotional trauma, and long-term effects on the child's development or quality of life.
But child injury claims are different from adult claims. They follow special timelines, require court approval for settlements, and must carefully account for a child's future needs.
As Alberta personal injury lawyers who once defended insurers, we know how to handle child injury claims with the care and sensitivity they require—while ensuring insurers don't minimize the long-term impact of a young life changed by an accident.
This guide explains:
What Counts as a Child Injury Claim in Alberta?
A child injury claim arises when a person under 18 suffers physical or psychological harm due to someone else's negligence—often in a car accident, but also in other incidents like bicycle collisions, pedestrian accidents, or unsafe property conditions.
Common Car Accident Injuries in Children:
Can Parents Claim for Their Child's Injuries?
Yes. Parents (or legal guardians) can file a personal injury claim on behalf of their injured child. Under Alberta law, minors can't legally sign contracts or represent themselves in court, so parents act as "litigation representatives." You manage the process, but the compensation ultimately belongs to the child.
Parents' Own Damages
Parents can also claim their own damages for expenses or emotional distress related to their child's injuries, including: medical bills not covered by insurance; lost income from time off work to care for the child; travel expenses for medical appointments; emotional anguish or loss of companionship in serious cases.
How Child Injury Claims Differ From Adult Claims
Child injury claims require additional safeguards to protect the child's interests. Major differences include: Extended Limitation Period – Children have until age 20 to file (two years after turning 18); Court Approval of Settlements – All child settlements must be reviewed and approved by the Alberta Court of King's Bench to ensure fairness; Trust Accounts for Compensation – Settlement funds are typically held in trust until the child turns 18, except for amounts needed for medical care or immediate expenses; Higher Valuation of Long-Term Impacts – Future pain, trauma, or developmental impacts must be considered.
Key point: Parents can recover both the child's damages and their own related financial losses.
Steps to Take if Your Child Was Injured in a Car Accident
Following these steps immediately after an accident can significantly strengthen your case and protect your child's rights to compensation.
Get Immediate Medical Care
Take your child to the emergency room or family doctor right away, even if injuries seem minor.
Report the Accident
Ensure police file a report—it will be crucial for insurance and legal purposes.
Document Everything
Take photos of injuries, vehicle damage, and the accident scene.
Notify Your Insurer
Report the crash to your insurance company, but avoid giving recorded statements until you've consulted a lawyer.
Track Symptoms and Recovery
Keep a journal of your child's pain, sleep changes, anxiety, or school performance.
Save All Receipts
Record every expense, from medications to travel for treatment.
Consult an Alberta Injury Lawyer Early
A lawyer ensures your child's rights are preserved and the insurer treats the claim seriously.
How a Lawyer Helps With Child Injury Claims
Child injury claims require specialized knowledge of Alberta's court procedures, trust management, and long-term impact assessment. An experienced lawyer ensures your child's future is protected.
Handling Insurers
Ensuring insurers recognize the claim's long-term implications and don't minimize the child's injuries.
Coordinating Medical Experts
Obtaining pediatric assessments, psychological reports, and prognosis opinions from specialists.
Calculating Future Losses
Accounting for lifelong physical or emotional impacts on the child's development and quality of life.
Securing Court Approval
Ensuring the settlement meets Alberta's strict child protection standards and gets court approval.
Managing Trust Funds
Helping parents structure payouts to support recovery and education until the child turns 18.
Frequently Asked Questions
Conclusion
When a child is injured in a car accident, parents have the right—and duty—to pursue compensation that safeguards their child's recovery and future. These claims involve complex procedures, extended timelines, and emotional decisions that deserve experienced guidance.
Parents can claim on behalf of injured children and recover their own related losses.
Alberta law gives children extended time to pursue compensation.
Settlements must be court-approved to protect the child's interests.
A lawyer ensures fair value, proper documentation, and secure trust management.
Has your child been injured in a car accident?
Contact us today for a free consultation. No fee unless we win.