Injuring a child is one of the worst crimes you can commit no matter where you live. I found this to be true in both the United States and Canada when I was studying criminal laws. I’ve been back in my home country for a while now, so I thought I’d delve deeper into the laws regarding this issue. After speaking with a Toronto child injury lawyer, I got the inside scoop.
This lawyer only handled child injury cases in the civil court system. But when a child is injured, both civil and criminal charges can arise. Determining whether the case is criminal or civil depends on the type of negligence and the intent of the at-fault party.
The at-fault party will likely face criminal consequences for injuring a child if evidence shows they purposely injured the child. For example, if someone attempts to drown a child or sexually abuses a child, they deserve to be punished. The at-fault party may also face criminal consequences if they accidentally injured a child but their negligence was extremely reckless.
Children often get injured because they aren’t properly supervised by adults. A child may suffer a bone fracture or a burn injury if an adult negligently stops paying attention to the child and the child injures themselves. In these situations, the negligent adult may face civil consequences but not criminal charges. A negligent adult could also face civil consequences if they injure a child in a car accident.
Damages You Can Recover in a Civil Case
After speaking to this lawyer in more depth, I realized that civil cases for child injuries happen most frequently. Although there are child predators out there, most children get injured in tragic accidents. If your child has been injured and you know someone else is at fault, you can take legal action and recover compensation for any damages your family has suffered.
Damages you can recover in a civil lawsuit include medical expenses for your child’s injury and any income you’ve lost from missing work. You can also account for your child’s pain and suffering and emotional distress.
The legal process for a child injury case can be more complex than an adult’s personal injury case. But don’t let the legal system discourage you. Your child deserves justice and it’s important to fight for them.