What Role Does a Litigation Guardian Play in Personal Injury Claims?

Personal injury settlements provide those who are injured due to the negligence of others with the funds needed for their medical expenses, rehabilitation, and long-term care. In a personal injury suit, a party who can’t effectively represent his own interests is required to have a litigation guardian.

A litigation guardian is sometimes confused with a lawyer, but this is simply a person who acts on behalf of someone who can’t effectively advocate for his own needs in a civil suit. Under Ontario law, this includes children under the age of 18 as well as people with mental disabilities.

Parents of minor children and the legal guardians of the disabled are the most common representatives who serve as litigation guardians, but the court may appoint a provincial agency to serve in this role if a suitable guardian is not available. For a minor, this means that a children’s lawyer will serve as the litigation guardian. For a mentally disabled adult, the litigation guardian would be a public guardian or trustee.

An alternate litigation guardian may also be appointed if there is a conflict of interest. For example, a legal guardian suspected of abusing a disabled person would not be allowed to serve as his litigation guardian during the court proceedings.

A litigation guardian must act as though the injured party’s interests are his own. In a personal injury suit, this means doing everything possible to ensure a settlement that provides for the long term needs of the injured party. For example, a child with a severe brain injury from an auto accident may have physical and cognitive impairments that would prevent him from ever living independently and becoming financially self-sufficient.

If you are the parent of a minor child or the legal guardian of a disabled adult, Conte & Associates can further explain the rules regarding litigation guardians in personal injury cases. Please call us at 1.877.614.008 to schedule an appointment.

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