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McComb Witten Marcoux

Children and ICBC Injury Claims

Jeffrey S. Witten, B.A., LL.B.
Personal Injury Lawyer at McComb Witten Marcoux

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10/7/2013
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ICBC injuries claims made on behalf of a child ( the legal term is INFANT - meaning anyone under the age of 19) are very different from those made by an adult. How so? I'll give you the key points. Firstly, an infant can't enter into a settlement agreement with ICBC or hire a lawyer to handle their case. They need an adult ( usually their mother, father or another close relative) to act on their behalf. What this means is that the adult must conduct all settlement discussions with ICBC or enter into a contract directly with a lawyer on their behalf. Secondly, if a case involving an infant is settled the settlement must be approved by a branch of the B.C. Provincial Government called, " The Office of the Public Trustee and Guardian". This public body's mandate is to protect the interests of various groups, including infants. Accordingly, an official working with this office will first collect information regarding the infant's injury case ( medical records, school records etc.). Next they'll review that information. And finally, they'll decide whether they believe any settlement reached properly compensates the infant for the injuries they suffered in their accident. Third, if a lawsuit is brought on behalf of an infant, the adult ( referred to above) must agree to act as a Litigation Guardian. What this means is that the adult agrees to assume responsibility for any financial implications arrising from the lawsuit ( e.g. if the lawsuit is unsuccessful he/she may owe the Defendant their legal expenses). Fouth, if a injury claim involving an infant is settled and approved by the Public Trustee and Guardian or their case goes to trial and compensation is awarded, the infant doesn't receive their money until they turn 19. What happens here is that any settlement funds or trial judgement are held "in trust" by the Public Trustee and Guardian until the infant reaches the age of 19. Are you looking to talk about this subject in greater detail. Have you been hurt in a car accident involving and infant and want more information? No problem. Give me a call at 604-255-9018 or e-mail me at jwitten@mccombwitten.com Jeff Witten

Category: Car Accidents

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