EXPERTISE
/ PAEDIATRIC INJURY LAWYERS
EXPERTISE / PAEDIATRIC INJURY LAWYERS
— PAEDIATRIC INJURY LAWYERS
When your child's future is at stake, experience matters most.
A serious injury to a child can affect every part of their future: their health, learning, independence, and family life. A child injury claim is not the same as an adult claim: children are still growing, and the full effect of an injury may not be known for years.
Oatley Vigmond’s Ontario paediatric injury lawyers represent children and families after serious accidents and acts of negligence, building claims with the child’s entire future in mind, not just their recovery today.
Toronto • North York • Scarborough • Vaughan • Brampton • Mississauga
Families trying to understand what can happen after a child suffers a life changing injury may also find Oatley Vigmond’s guide to paediatric catastrophic injury and recovery helpful.
— WHY OATLEY VIGMOND
A firm built for Serious Child Injury Claims
Paediatric injury claims require exceptional care. A child cannot always explain what they feel, what has changed, or what they will need years from now. Parents may know something is wrong long before the legal or insurance system fully understands the severity of the injury.
Oatley Vigmond has handled some of Ontario’s most serious child injury cases involving brain injuries, unsafe property, school incidents, motor vehicle collisions, birth trauma, medical malpractice, and catastrophic injuries. These results matter because child injury claims are often undervalued by insurers, who may focus on short-term recovery or the hope that a child will adapt. We focus on the full future: what care, support, education, and financial protection a child will need to live with dignity at 10, 15, 25, 40, or 60.
$16 Million Settlement
Structured Settlement for Child with Traumatic Brain Injury
$7 Million Verdict
Grade 8 Student with Traumatic Brain Injury
$5.4 Million Settlement
Settlement for Child’s Traumatic Brain Injury at Dollar Store
— THE LEGAL FRAMEWORK
Understanding Paediatric Injury Claims in Ontario
A paediatric injury claim is a personal injury claim involving a child or minor, and in Ontario, a child under 18 generally cannot conduct a lawsuit in their own name.
A parent, guardian, or other appropriate adult may act as a litigation guardian to make decisions in the child’s best interests. This legal structure matters because the injured child is the person whose future must be protected, though parents may also have related claims.
Paediatric injury claims can arise from motor vehicle accidents, pedestrian and bicycle accidents, unsafe property conditions, school or playground incidents, boating accidents, dog bites, product-related injuries, and medical malpractice. The key question is not only what happened, it is what the injury will mean over time, as needs like medical care, tutoring, mobility support, or future income protection become clear as the child grows. Oatley Vigmond builds child injury claims with the long-term future in mind.
— KEY CONSIDERATIONS
Why Child Injury Claims Are Different From Adult Claims
Children Are Still Developing
An injury that might be manageable for an adult may interfere with growth, education, independence, and future work capacity. A serious injury may affect physical and brain development, learning, memory, behaviour, speech, mobility, confidence, and family life. A settlement that only covers current expenses may fail to protect the child when new needs emerge years later.
The Full Impact May Not Be Known Right Away
Some paediatric injuries do not reveal their full effect immediately, especially in brain injury cases. A child may appear to recover, then later struggle when school becomes more demanding. Oatley Vigmond works with the right experts to assess not only the child’s current condition, but the likely future impact of the injury.
School Impact Matters
For a child, school is often one of the clearest places an injury shows itself, affecting attendance, grades, behaviour, friendships, concentration, and classroom support needs. Important evidence includes report cards, attendance records, individual education plans, teacher comments, psychoeducational assessments, and therapy records.
Future Care Is Often Central
A child may need care and support for decades, including therapy, medical follow-up, assistive devices, attendant care, home modifications, and education support. The future cannot be guessed; it must be built with evidence from life care planners, medical specialists, and vocational experts.
— COMMON SCENARIOS
Common Causes of Paediatric Injuries in Ontario
Children can suffer serious injuries in many different ways. Some accidents happen suddenly, others because a vehicle, property, product, or environment was unsafe.
Motor Vehicle Accidents
Car, pedestrian, bicycle, motorcycle, and ATV accidents involving children.
School Zone Accidents
Collisions and incidents occurring near or on school property.
Falls
From stairs, furniture, windows, balconies, or playground equipment.
Dog Bites
Facial injuries, scarring, and psychological trauma from animal attacks.
Water Incidents
Swimming pool, drowning, and boating accidents.
Sports & Recreation
Injuries sustained during organized sports or recreational activities.
Unsafe Property
Injuries caused by hazardous or poorly maintained premises.
Medical Malpractice
Birth trauma, delayed diagnosis, or treatment errors affecting a child.
— OUR PRACTICE
Types of paediatric injuries we handle
Paediatric injuries can affect a child’s body, brain, emotions, development, education, and future independence. Some injuries heal with treatment; others create needs that continue into adulthood.
01
Traumatic Brain Injuries
A child can suffer a TBI after a fall, collision, sports injury, or serious impact. Brain injuries in children can be difficult to recognize because symptoms may appear as changes in learning, emotions, attention, or behaviour rather than obvious physical signs.
Oatley Vigmond treats child brain injury claims with the seriousness they deserve, working with medical, rehabilitation, neuropsychological, educational, and future care experts to understand the full effect of the injury.
02
Concussions & Post Concussion Syndrome
A child does not need to lose consciousness to suffer a concussion. Some children recover within weeks; others develop ongoing symptoms affecting school, sleep, and behaviour, known as post concussion syndrome. Insurers may minimize these claims because imaging is often normal. We focus on function: what changed after the injury, and how it affects the child’s future.
03
Spinal Cord Injuries in Children
Can affect movement, sensation, bladder and bowel function, and independence. These cases are complex because needs change as the child grows. Equipment must be replaced, and home and school environments adapted through childhood, adolescence, and adulthood.
04
Orthopaedic Injuries & Fractures
Growth plate injuries are especially important because they can affect how a bone develops over time. Oatley Vigmond works to ensure the claim reflects the future effect on growth, mobility, pain, recreation, and independence, not just the fracture itself.
05
Burns & Scarring
Severe burns can cause pain, infection risk, nerve damage, and permanent scarring, requiring surgery, skin grafts, and long-term rehabilitation. These injuries can also affect confidence, body image, and peer relationships, impacts that should be taken seriously in a child injury claim.
06
Dog Bite Injuries
Can cause facial injuries, scarring, nerve damage, and fear of animals or PTSD. Bites involving the face, head, neck, hands, or eyes may require plastic surgery, scar management, and long-term follow-up.
07
Drowning & Near Drowning Injuries
A child who survives a near drowning may suffer brain damage due to lack of oxygen, along with breathing problems, cognitive impairment, or developmental delays. These cases often involve complex liability and future care issues.
08
Psychological & Emotional Injuries
A serious accident can affect a child emotionally as well as physically: fear, anxiety, depression, withdrawal, or PTSD. These injuries may interact with physical injuries, pain, or brain injury symptoms, and are included in our assessment of the claim.
09
Injuries Affecting Learning & Development
Some injuries interfere with a child’s ability to learn, communicate, focus, regulate emotions, or build independence, requiring special education support, tutoring, psychoeducational assessment, speech-language therapy, or assistive technology. These needs should be considered when assessing the injury’s impact not just on the present school year, but on future education, training, and employment.
— Accident Benefits
Paediatric Injuries and Accident Benefits in Ontario
If a child is injured in a motor vehicle accident in Ontario, accident benefits may be available through the automobile insurance system, regardless of who caused the crash.
These benefits may cover medical treatment, rehabilitation, attendant care, lost educational expenses, caregiver expenses, transportation, and assessments. See our guide to Ontario accident benefits for more.
For catastrophic injuries, including serious brain and spinal cord injuries, a catastrophic impairment designation may provide access to higher levels of medical, rehabilitation, and attendant care benefits. Insurers may dispute treatment plans or minimize future needs, our dedicated team of Accident Benefits Specialists works alongside our litigators to help families access the benefits their child needs.
— The Legal Process
Litigation Guardians and Court Approval of Settlements
Litigation Guardians
In Ontario, a child under 18 usually needs a litigation guardian to bring a personal injury lawsuit, often a parent or guardian, who must act in the child’s best interests throughout the claim, providing instructions, gathering information, and protecting the child’s legal interests. Oatley Vigmond guides parents through the process with care, explaining what decisions need to be made and how the claim can be advanced to protect the child now and in the future.
Court Approval of Settlements
A settlement involving a child is not the same as a settlement involving an adult. In Ontario, settlements for minors generally require court approval to protect the child and ensure the proposed settlement is fair and in their best interests, requiring medical evidence, prognosis evidence, and an explanation of why the settlement should be approved. Oatley Vigmond prepares child injury claims with this requirement in mind from the start. We do not treat a child’s future as a short-term negotiation.
— Compensation
What Compensation Can Be Claimed for a Child Injury?
Compensation for a child injury may include medical and rehabilitation expenses, future care costs, educational support, pain and suffering, and loss of future earning capacity. The compensation available will depend on the severity of the injury, the child’s prognosis, the available insurance coverage, and how the injury is expected to affect the child over the long term.
A paediatric injury claim may account for physiotherapy, occupational therapy, speech language therapy, psychological treatment, cognitive therapy, assistive devices, mobility equipment, attendant care, case management, home modifications, transportation costs, tutoring, specialized assessments, scarring and disfigurement, loss of enjoyment of life, family member claims, out of pocket expenses, and housekeeping or home support losses in some cases. Because a child may live with the effects of a serious injury for many years, the claim should also consider the care, treatment, education, support, and financial assistance they may need throughout childhood, adolescence, adulthood, and beyond.
— FUTURE PLANNING
What Does a Lifetime of Paediatric Injury Care Cost?
The lifetime cost of a serious child injury can be substantial. Even when a child makes progress, they may continue to need treatment, support, or supervision for years, and the cost of care may change as the child grows.
A wheelchair, brace, communication device, or therapy program that works at age 8 may not meet the child’s needs at age 16 or 25.
- Medical follow-up & rehabilitation
- Therapy & counselling
- Attendant care & case management
- Mobility equipment & assistive technology
- Home modifications
- Accessible transportation
- Education support & tutoring
- Vocational assessment
- Future income loss
- Support for independent living
- Caregiver support
- Future surgeries or procedures
- Medication and medical supplies
- Replacement equipment as the child grows
Oatley Vigmond works with experts to build future care plans that account for growth, development, education, independence, and lifelong stability, part of why we built our Total Care Network, connecting legal advocacy with treatment access, rehabilitation planning, accident benefits support, education needs, family support, and future care coordination.
— Recognition & Results
Recognized among Canada's leading personal injury firms
Independent legal rankings have consistently recognized Oatley Vigmond among Canada’s leading personal injury law firms for its experience, reputation, and work on complex catastrophic injury cases, including those involving injured children.
Our catastrophic injury lawyers combine decades of trial experience with a deep understanding of the profound physical, emotional, and financial impact life-changing injuries have on children and their families.
15 years
Named a Top Personal Injury Boutique by Canadian Lawyer every year since 2011.
Tier 1
2026 Best Law Firms Canada — National rankings in Personal Injury Litigation & Insurance Law.
24/7
Free consultations, day or night. We will come to you if you cannot come to us.
$0
No legal fees upfront and none as your case progresses — payable only if we succeed.
What sets us apart
Personal injury law is the only area of law we practise
A dedicated team of Accident Benefits Specialists working alongside our litigators to support families through every stage
Recognized for trial preparation and major catastrophic injury results, including cases involving injured children, across Ontario
We come to families in hospital, in rehabilitation, or at home — wherever is easiest during a difficult time
Paediatric catastrophic injury litigation is central to the firm's work, including birth injury, TBI, and spinal cord injury cases
Deep relationships with leading pediatric medical, rehabilitation, life care, and developmental experts
Offices and consultation locations including Toronto, North York, Hamilton, Barrie, Sudbury, and North Bay
Multiple partners recognized by Lexpert and in The Best Lawyers in Canada
— OUR TEAM
Meet The Paediatric Injury Lawyers On Your Side
Our catastrophic injury team includes experienced trial lawyers who focus exclusively on serious personal injury claims, with deep experience helping families across Ontario pursue justice for children who have suffered life-altering injuries.
Our catastrophic injury lawyers combine decades of trial experience with a deep understanding of the profound physical, emotional, and financial impact these injuries have on children as they grow, and on the families who care for them.
Managing Partner
Troy navigates complex insurance law to secure landmark judgments and maximum long-term care funding for catastrophically injured children.
Managing Partner
Adam secures maximum compensation for the most seriously injured children by aggressively taking complex catastrophic injury claims to trial.
Partner
Brian draws on decades of trial experience to dismantle aggressive insurance denials and secure critical rehabilitation funding for injured children.
Partner
Having previously represented Canada's largest insurance providers, Kevin uses his inside knowledge of defence strategies to win exceptional results for catastrophically injured children.
Partner
A member of the Board of Directors for Spinal Cord Injury Ontario, Karen combines fierce litigation with deep empathy to secure life-altering accident benefits and long-term rehabilitation support for injured children.
Partner
Drawing on her background in insurance defence at a leading national firm, Lara anticipates insurer tactics to aggressively secure maximum compensation for catastrophically injured children.
Partner
Devoting his practice exclusively to complex, life-altering trauma, Ben fights at all levels of court to secure future care funding for children with catastrophic brain and spinal cord injuries.
— WHERE WE SERVE
Paediatric Injury Lawyers Serving Toronto, GTA, and All of Ontario
No matter where your child’s injury occurred in Ontario, our lawyers represent families across the province and can meet with you wherever is easiest during your child’s recovery.
Catastrophic childhood injuries don’t happen in one place. They happen on the 401 near Mississauga. On the Gardiner Expressway in downtown Toronto. On Brampton’s heavily trafficked arterial roads. On Highway 400 north of Barrie. On playgrounds, at daycare, or during childbirth. Wherever a serious injury happens to a child in Ontario, Oatley Vigmond can represent your family.
We have consultation offices in North York, Toronto, Hamilton, Sudbury, and North Bay. We travel to meet families who cannot travel to us, including at the hospital or at home while your child recovers. We handle paediatric injury cases across the province, and we have done so for decades.
If you are in Toronto, Brampton, Mississauga, Vaughan, Markham, Richmond Hill, Oakville, Burlington, or anywhere in the GTA, we are accessible, experienced, and ready to take your call.
You do not need to live near our office to hire us. We represent families from across Ontario and we come to you when your child needs us most.
Downtown Toronto
Bank of Canada Building250 University Ave, Suite 200
Toronto, ON M5H 3E5 416-225-6550
North York
North York Centre5000 Yonge St., Suite 1901
Toronto, ON M2N 7E9 416-225-6550
You Do Not Need Money to Hire Us
Catastrophic injury claims can feel financially overwhelming, but you do not need to pay legal fees upfront. Oatley Vigmond offers free consultations and works on a contingency fee basis, meaning you pay no legal fees unless compensation is recovered for you.
Many people who have suffered a catastrophic injury worry that they cannot afford a lawyer. Medical bills are piling up. They may not be able to work. Their family is under financial pressure. The idea of paying legal fees on top of everything else feels impossible.
Oatley Vigmond works on a contingency fee basis. That means you pay no legal fees upfront and no legal fees as your case progresses. Our fee is a percentage of the compensation we recover for you, and it is only payable at the end of your case if we are successful. If we do not recover compensation for you, you do not owe us a legal fee.
This arrangement exists specifically so that seriously injured people can access experienced legal representation regardless of their financial situation. Your ability to hire us has nothing to do with what is in your bank account. It has everything to do with the strength of your case.
Your first consultation is also completely free. There is no obligation, no pressure, and no cost to speaking with us about what happened and what your options are. We are available 24 hours a day, 7 days a week.
💡 Learn more: Are There Upfront Fees for a Personal Injury Lawyer?
— QUESTIONS & ANSWERS
Frequently Asked Questions About Paediatric Injury Claims in Ontario
Our catastrophic injury lawyers combine decades of trial experience with a deep understanding of the profound physical, emotional, and financial impact life-changing injuries have on children and their families.
Get medical help immediately. Follow all treatment recommendations and keep copies of medical records. Take photos if possible, write down what happened, keep receipts, document symptoms, and record how the injury affects your child's daily life, school, sleep, mood, behaviour, and activities.
Families in the earliest days after a serious injury may also find Oatley Vigmond's guide to the first 7 days after a catastrophic injury or sudden loss helpful.
You should also speak with a lawyer before giving a recorded or written statement to an insurance company.
Yes. A parent, guardian, or other appropriate adult may be able to start a personal injury claim on behalf of an injured child as a litigation guardian. The claim may seek compensation for medical care, rehabilitation, therapy, future care, pain and suffering, educational support, assistive devices, attendant care, and the long term impact of the injury.
Oatley Vigmond can explain the litigation guardian process and help protect your child's legal rights.
A child's injury may be serious enough for a claim if it affects health, mobility, learning, behaviour, independence, emotional well being, school performance, development, or future opportunities. Injuries involving the brain, spine, fractures, scarring, burns, chronic pain, psychological trauma, drowning, near drowning, or long term care needs should be assessed carefully.
The full effect of a child's injury may not be obvious right away, which is why early legal advice can be important.
Compensation may include medical expenses, rehabilitation, therapy, assistive devices, future care, pain and suffering, educational support, attendant care, home modifications, transportation costs, family related expenses, and loss of future earning capacity.
The amount depends on the injury, how it affects the child now, and how it may affect the child as they grow.
Rehabilitation may be paid through accident benefits, private insurance, disability benefits, or a personal injury claim, depending on how the injury happened. Rehabilitation may include physiotherapy, occupational therapy, speech therapy, psychological counselling, cognitive therapy, mobility support, case management, or school related support.
If the injury happened in a motor vehicle accident, Ontario accident benefits may be an important source of treatment funding.
Seek medical attention as soon as symptoms appear. Some injuries, especially brain injuries, psychological injuries, and soft tissue injuries, may not be obvious right away.
Tell the doctor about the accident and keep a record of changes in sleep, mood, concentration, pain, behaviour, appetite, school performance, memory, balance, and activity level.
Yes. Future care is often one of the most important parts of a child injury claim. A child may need treatment, therapy, educational support, assistive devices, medical follow up, attendant care, home modifications, transportation support, or case management as they grow.
These future needs should be carefully assessed before any settlement is considered.
Yes. A child may be able to receive compensation for pain and suffering if the injury was caused by someone else's negligence. This may include compensation for physical pain, emotional distress, loss of enjoyment of life, scarring, disability, and the impact on childhood activities.
Pain and suffering must be assessed in the context of the child's age, development, injury, and long term future.
School difficulties may be an important sign of the injury's impact. Keep records of report cards, teacher comments, attendance changes, behavioural changes, accommodations, tutoring, assessments, and special education support.
These records may help show how the injury has affected learning, development, confidence, attention, memory, and school participation.
Limitation periods for children can be different from adult claims. In many cases, the limitation period does not run against a minor in the same way it does against an adult, but there are important exceptions and legal steps that can affect timing.
Parents should get legal advice as soon as possible. Evidence can disappear, witnesses may become harder to find, surveillance may be lost, and insurance deadlines may still apply.
A litigation guardian is an adult who acts on behalf of a child in a legal claim. In many child injury cases, a parent or guardian acts as the litigation guardian.
The litigation guardian helps make decisions, gives instructions to the lawyer, and must act in the child's best interests.
In many cases, yes. Settlements involving minors generally require court approval to ensure the settlement is fair and in the child's best interests.
This process may require medical evidence, prognosis evidence, settlement details, and information about how the settlement protects the child. Oatley Vigmond prepares child injury cases with this requirement in mind.
Do not accept a settlement without legal advice. A child injury settlement must consider future needs, not just current expenses. A child's long term medical, educational, emotional, and financial needs may not be fully known until later.
Once a settlement is approved and completed, it may be difficult or impossible to reopen the claim. It is important to understand the full value of the case before agreeing to resolve it.
In some cases, parents or close family members may be able to claim compensation for expenses, caregiving, transportation, income losses related to care, and loss of care, guidance, and companionship. These claims depend on the facts of the case and the impact of the child's injury on the family.
Families looking for broader guidance after a life changing injury can also visit Oatley Vigmond's Catastrophic Injury Family Information Hub.
Important evidence may include medical records, photos, witness information, incident reports, school records, therapy records, receipts, expert assessments, rehabilitation reports, insurance documents, and notes about how the injury affects your child's daily life.
For child injury claims, school records and family observations can be especially important because they may show changes in learning, behaviour, sleep, mood, attention, and independence.
Yes, in some cases. If a child is seriously injured in a motor vehicle accident, catastrophic impairment designation may be available under Ontario's accident benefits system. This designation can provide access to higher levels of medical, rehabilitation, and attendant care benefits.
Catastrophic impairment may be relevant in cases involving serious brain injury, spinal cord injury, severe physical impairment, or a combination of serious impairments.
If a medical error caused or worsened your child's injury, you may have a medical malpractice claim. These cases may involve birth trauma, delayed diagnosis, surgical complications, oxygen deprivation, medication errors, failure to monitor, or failure to respond to serious symptoms.
Medical malpractice cases involving children are complex and require careful expert review. Oatley Vigmond can assess whether a claim may be available.
Child injury claims are often complex because they must protect a child's future. A lawyer can help gather evidence, deal with insurance companies, work with medical and rehabilitation experts, assess long term needs, manage accident benefits, address litigation guardian issues, and pursue compensation that protects the child now and as they grow.
If your child has been seriously injured, it is important to get legal advice as early as possible.
Speak with a paediatric injury lawyer in Ontario today
If your child or a child you love has suffered a serious injury, the decisions made in the weeks ahead can shape their future and your family’s path forward.
Consultations are free, and you pay no legal fees unless we recover compensation for your child.
Consultation
$0
Unless we win