Family FAQs

Injury & Legal FAQ Guide for Families: Navigating Medical, Insurance, and School Challenges

At Scott & Scott, PLLC, we know that when a family member is injured, legal concerns can feel overwhelming. This FAQ provides clear answers to common legal questions parents and families face when navigating injury claims.

1. Medical & Insurance Concerns

Can I access my teen’s medical records after an injury?

Washington law limits parental access to a child’s medical records once they turn 13.
This includes:

Hospital visits
Mental health treatment
Certain medical procedures

Solution: Your teen must provide written consent for you to access their records. It’s important to have conversations about why sharing medical information may be necessary for legal and insurance matters.

Learn more about Washington State DOH – Minor Medical Records and the Over 13 Rule

Who is responsible for my teen’s medical bills after an accident?

Responsibility depends on the circumstances:

If another driver was at fault: Their insurance should cover medical expenses under liability coverage.
If your child was a passenger: The driver’s insurance may provide coverage.
If your child was at fault: Your auto insurance’s Personal Injury Protection (PIP) may cover medical expenses.
Health insurance can also provide coverage, but reimbursement may be required if a settlement is received.

Learn more about how insurance and subrogation work in a personal injury case.

What if my teen was injured at an after-school job?

If your teen was injured at work, they may qualify for workers’ compensation benefits, which cover medical treatment and lost wages.

If the injury was due to unsafe working conditions, a third-party claim may be possible.

Learn more about WA State Workers’ Compensation and How to Apply (We also assist families in navigating workers’ compensation claims—contact us for guidance.)

How do I handle medical expenses if my teen was injured and we don’t have PIP coverage?

Without Personal Injury Protection (PIP), health insurance may cover medical bills.
A legal claim against the at-fault party could also help recover costs.
Payment arrangements may be available with medical providers while a case is pending.

2. Legal Considerations for Minors

What is the statute of limitations for filing a personal injury claim for a minor?

In Washington State, most personal injury cases have a three-year statute of limitations. However, for minors, the clock does not start until they turn 18, meaning they may have until age 21 to file a claim.

Why this matters:

Provides time to assess long-term injuries and medical needs.
Allows families who didn’t initially realize they had a claim to pursue compensation later.
Waiting too long can make it harder to gather evidence and prove the case.

What is a Settlement Guardian ad Litem (SGAL), and why is one required?

In Washington, any settlement for a minor must be approved by the court. A Settlement Guardian ad Litem (SGAL) is appointed to:

Review the settlement to ensure it is fair and in the child’s best interest.
Provide a recommendation to the court about whether to approve the settlement.

This process ensures that insurance companies or defendants do not take advantage of injured minors. Learn more about the SGAL process in King County, WA

How are settlement funds handled when a minor is involved?

When a minor receives a financial settlement, the money is typically placed in a blocked account, which cannot be accessed until the child turns 18.

Exceptions:

The court may approve early withdrawals for medical expenses, education, or other necessary costs.
Parents cannot use the funds for general household expenses unless specifically authorized by the court.
A structured settlement may allow payouts at different ages rather than all at once.

Learn more about Blocked Accounts & Structured Settlements.

3. School, 504 Plans & IEPs

How do 504 Plans & IEPs relate to injury claims?

If your child’s injury affects their ability to learn or participate in school activities, they may be eligible for a 504 Plan or an Individualized Education Program (IEP). These plans provide academic accommodations, therapy, or special services to help students succeed.

How This Intersects with an Injury Claim:

If your child needs ongoing therapy, accommodations, or special education services due to an injury, this can be factored into a legal claim.
Schools may not always proactively offer a 504 Plan or IEP, so parents should request an evaluation.
Documentation from these plans can support a legal case by showing the long-term educational impact of an injury.
A settlement or claim should consider future educational needs that arise from the injury.

For information on eligibility and requirements, visit the Washington State Office of Superintendent of Public Instruction (OSPI) for details on 504 Plans and IEPs.

4. Additional Legal Questions Parents of Teens May Have

What happens if my teenager was injured while driving with a learner’s permit?

Teen drivers with a learner’s permit must follow strict rules, including driving with a licensed adult. If they are injured in an accident, liability and insurance coverage can be complex.

If my teen was at fault in a car accident, can they still recover compensation?

Washington follows a comparative negligence rule, meaning your teen may still recover damages if they were partially at fault, but their compensation will be reduced based on their level of responsibility.

Can my teenager’s social media posts affect their personal injury claim?

Yes. Insurance companies and defense attorneys often review social media accounts for posts that may contradict injury claims. Advise your teen to avoid discussing the accident online.

Who is responsible if my teen is injured at a school sports event or practice?

Liability depends on whether negligence was involved. Schools and sports organizations may be responsible if they failed to provide proper safety measures.

What if my teenager was injured at a friend’s house or a party?

If negligence or unsafe conditions contributed to the injury, you may have a claim against the property owner, whether that be a parent, homeowner, or landlord. Liability could arise from hazardous conditions, lack of supervision, or failure to maintain a safe environment. In many cases, the homeowner’s or renter’s insurance policy may provide coverage for medical expenses and other damages. However, insurance companies may attempt to deny or minimize these claims, making legal guidance crucial to securing fair compensation. If the injury occurred at a rental property, the landlord's premises liability may also come into play, depending on whether the hazardous condition was known or should have been known by the landlord.

At Scott & Scott, PLLC, we handle these types of premises liability cases and help families pursue fair compensation for injuries caused by unsafe property conditions. If you have questions about your child’s injury at another person’s property, contact us for a consultation.

Can my teen’s college plans or scholarships be impacted by their injury?

Yes. If an injury prevents them from fulfilling athletic or academic commitments, compensation may be sought for lost future opportunities.

5. How do I get legal help for my child’s injury case?

At Scott & Scott, PLLC, we offer free consultations to help families understand their legal options. You don’t have to navigate this alone.

📞 Call us at 206-622-2200
📧 **Email us at **[email protected]

Helping injured families is what we do. Let’s talk about how we can support yours.