Who may make decisions for the child
A child cannot bring or manage a legal claim on their own. A parent or guardian usually acts on the child's behalf in early steps like medical decisions and reporting. Once a legal claim is involved, a formal role called a litigation guardian is required — see below.
Medical and school documentation
Keep records from both worlds, since a child's recovery shows up in the classroom as much as the clinic.
- Emergency room, family doctor, and specialist records
- Physiotherapy, occupational therapy, or psychological treatment notes
- Report cards and teacher communications from before and after the accident
- Individual Education Plans (IEPs) or new accommodation requests
- Notes from the school about missed days or behaviour changes
Developmental effects
Injuries can show up differently in children than adults — sometimes as changes in mood, learning, sleep, or behaviour rather than a clear physical complaint. Keep a simple record of anything that changes: concentration, frustration, sleep, physical activity, or social withdrawal. A family doctor or pediatrician can help assess whether these are connected to the accident.
Missed school and accommodations
Track missed school days, tutoring costs, and any accommodations the school puts in place, like extra time on tests or modified gym class. These records help show the real-world impact of the injury.
Future-care concerns
Some effects of a childhood injury only become clear years later — for example, in a growth plate injury, a learning difficulty, or a permanent scar. Don't assume something is resolved just because it looks fine today. This is one reason claims involving children are treated carefully before they are finalized.
Preserving photographs and activity evidence
Photos and videos from before the accident — sports, hobbies, everyday activities — help show what changed. Keep dated photos showing visible injuries as they heal, and hold on to anything showing how the child's activities or abilities have changed since.
Litigation guardian concepts
Because a child cannot sue on their own, an adult — usually a parent — acts as their litigation guardian, making decisions and giving instructions on the child's behalf throughout the claim. The litigation guardian is expected to act in the child's best interests, separate from their own.
Court approval issues
In Ontario, a settlement involving a child generally needs to be approved by a court before it becomes final. A judge reviews the settlement to confirm it's fair and adequate for the child, even if the parents and the other side have already agreed. Funds are often required to be held or managed in a protected way until the child reaches adulthood.
Protecting the child's privacy
Avoid posting details, photos, or updates about the accident, injuries, or claim on social media or public forums. Court and insurance documents involving a child are also handled differently than adult records, with extra care taken to limit public disclosure of private information.
When to get legal advice
Because of court approval requirements and the way children's injuries can evolve over time, it's worth speaking with a lawyer early — even just to understand the process — rather than waiting until a settlement is on the table.