As a parent, ensuring the safety and well-being of your child is your top priority. Unfortunately, accidents happen every day, some of which can cause serious and costly injuries requiring intensive medical care and complicated treatment plans. In addition to the devastating experience of seeing your child hurt, accidents involving minors can be emotionally overwhelming and financially stressful for parents throughout Washington state. As you focus on supporting your child on their recovery journey, it’s worth assessing your options for recovering compensation from the party who is responsible for the incident. Washington’s personal injury laws allow those who suffer injuries due to another party’s negligence to file a claim against that entity within three years. However, what happens when the injured party is a child, and therefore not an adult with full rights in the eyes of the law? That’s where some key considerations come in.
Generally speaking, a family whose child has suffered an injury because of someone else’s reckless or negligent actions can choose whether to have a parent file a claim on behalf of the child within the three-year period, or the child can wait until they turn 18 to file a claim themselves (after which the three-year window will apply). The statute of limitations for a minor that was injured is their 21st birthday, although most claims resolve long before then. As you begin to explore your options for seeking an injury settlement for children and understanding how Washington personal injury claims for minors typically unfold, it’s worth discussing the details of your case with a highly experienced and compassionate Seattle child accident attorney. What follows is a brief overview of some options for securing compensation for an injured child in Washington state.
Common Causes of Child Injuries That Can Lead to Personal Injury Claims in Washington State
Injuries can arise in all kinds of situations. Some of the most common incidents that can cause injuries to a child include car accidents, bicycle or pedestrian accidents, dog bites, and injuries sustained on the playground or while on school property. While true accidents happen due to chance or environmental factors that are not anyone’s fault (i.e., sledding accidents due to icy snow, a child falling off their bicycle while learning to ride it, etc.), there are times when someone’s negligence directly contributes to the incident that results in an injury to a child. If you have specific questions about whether the circumstances surrounding your child’s accident may entitle you to file a personal injury claim for a minor, get in touch with a skilled and caring Washington child injury lawyer to get started.
Filing a Personal Injury Claim on Behalf of a Minor in King County
It’s important to understand that personal injury claims involving a minor are handled differently by Washington courts than those involving adult plaintiffs. Essentially, the Washington court system strives to protect the best interests and legal rights of injured children to ensure that the terms of the settlement are reasonable and meet the specific needs of the child. When it comes to negotiating a settlement and compensation for an injured child, the court must approve any proposed settlement before it can be finalized. A Settlement Guardian Ad Litem (SGAL) will be appointed to represent the best interests of the child. They will review the claim and tell the court whether they believe the settlement to be fair for the minor child. Then, the judge will review the details of the SGAL’s report filed with the court, other facts of the claim and the proposed terms of the settlement to determine whether they are just and reasonable to support the child’s needs. Moreover, the judge will decide when the settlement should be awarded and how it will be used. Typically, after attorney’s fees and costs, there is an allocation for medical subrogation, outstanding medical bills, and then the remainder is ordered to be placed in an interest-bearing blocked account for the child to access once they reach the age of eighteen. This ensures that the funds remain in the name of the injured child and that no other party (including the child’s parents or other relatives) can use these funds for any other reasons. We have handled many minor claims and understand the special process involved when kids are the plaintiffs. For more information, see Understanding Minor Settlements in King County: A Guide for Parents.
Damages That May Be Recovered in a Seattle Child Injury Case
Any injury can require a substantial amount of medical intervention and costly treatment. Depending on the nature and severity of your child’s injuries, you may be entitled to recover a wide range of damages from the party whose negligence contributed to the accident. The Washington court recognizes that injuries to minors can affect multiple aspects of their daily life, such as their education, social life, and ability to participate in sports or other important extracurricular activities. When you enlist the guidance of a knowledgeable and experienced Seattle personal injury lawyer who understands the additional considerations involved with injured minors, you can review the types of damages you may be able to recover on behalf of your child. For instance, some recoverable damages may include: medical expenses, the costs of future or ongoing medical treatment, long-term care expenses, loss of earning potential, pain and suffering, disability, disfigurement, mental anguish and emotional distress, loss of quality of life, and more.
Get Started With Seattle’s Go-To Personal Injury Law Firm Today
Coping with your child’s injury is understandably overwhelming and stressful. As you make sure they obtain the medical treatment and physical therapy they need to support their recovery, it’s natural to feel concerned about the mounting medical bills and other costs that are quickly piling up. However, it’s important to recognize that you do not have to navigate this challenging period on your own. When you partner with an experienced and trusted Seattle child accident attorney, you can rest assured that the best interests of your child will be safeguarded at every opportunity. Together, you can take the necessary steps to recover the compensation you and your child need to begin putting your lives back together after the accident.
When it comes to your family, you deserve the best legal representation that’s out there. As a family business founded and operated by a father and daughter, Scott & Scott, PLLC, has been proudly serving individuals and families throughout the Seattle area for more than fifty years. If you need help filing a personal injury claim on behalf of your child, please contact our office today at (206) 622-2200 to get started with a highly experienced and caring personal injury attorney.
