When catastrophic accidents happen and people are critically injured, they may be unable to make decisions regarding their legal rights and entitlements. However, they need funding to finance their medical and rehabilitation expenses, replace lost income and wages and compensate their families who are dependent on them. Initially, a family-member can represent the injured person, but afterwards, in such cases, a litigation guardian can be appointed to represent the victim and ensure that their rights are protected. When there is such a party who cannot represent himself or herself in the decision making process, the litigation guardian can do so. Litigation guardians don’t have to be lawyers. They are either family-members, friends or a trusted person, including lawyers, who can represent the person who cannot advocate their own cause.

If a litigation guardian is not appointed, it can result in the rights and interests of the injured person, child or person with mental disabilities being jeopardized. Without the presence of such a person, there could be unnecessary delays in pursuing a compensation claim. The Rules of Civil Procedure in Ontario deem that disabled persons cannot act for themselves – This refers to seriously injured people, children under 18 or persons with mental disabilities. Such persons may not be capable of making decisions regarding property, or property management, personal care, etc. Our experienced Brampton personal injury lawyers can ensure that litigation guardians are appointed, capacity assessments are undertaken and a robust claim is presented to get you the compensation you rightfully deserve.