Try as we may to remain attentive and responsive when driving, accidents can happen to anyone at any time. The Seattle area experiences its fair share of congested highways, and a distracted driver can fail to notice another vehicle, cyclist, or pedestrian until it’s too late. Under Washington’s contributory fault statute, injured parties are entitled to pursue and recover compensation that’s proportional to the degree of fault they carried in causing the incident. This means that if an investigation determined that you were 20 percent at-fault for the car accident, you could recover 80 percent of the total settlement awarded to you. Navigating the aftermath of a collision is confusing enough for injured parties, but when the incident involves an injured child, things can become even more complicated. Child injury cases require special legal protections and differ from adult personal injury claims in a few key ways. The aim of a child accident lawsuit in Washington state is to protect the child’s long-term interests as well as ensuring that they receive the funds they need to support the costs of their recovery.
As the parent or legal guardian of a child who suffered an injury in a car accident, it’s important to understand what to expect during each step of the claims process. When you enlist the guidance of a highly experienced and caring Seattle child accident attorney, you can trust that this dedicated legal advocate will answer your questions, address your concerns, and support you and your loved ones through this challenging and overwhelming time. Let’s take a closer look at how a child personal injury settlement in Washington state typically proceeds as well as the advantages to working with a skilled and empathetic Seattle personal injury attorney when moving through this process.
Who Can File a Personal Injury Claim For a Child in Washington State?
Since minors cannot legally sign binding contracts or file lawsuits on their own until they reach the age of 18, the court allows parents and legal guardians to take this action on the child’s behalf. Under RCW 4.24.010, “A parent or legal guardian who has regularly contributed to the support of his or her child, and a parent or legal guardian who has had significant involvement in the life of an adult child, may maintain or join as a party an action as as plaintiff for the injury or death of a child.” It’s important to recognize that Washington courts will seek to protect the minor’s rights as much as possible, which means that there are additional considerations that apply to personal injury claims involving a child.
How Child Injury Settlements Differ From Adult Settlements
How Child Injury Settlements Differ From Adult Settlements
First, it’s worth recognizing the similarities between personal injury claims involving adults and children. Whether the plaintiff is a minor or an adult, the claim process rests on three key elements.
Negligence
A successful claim must show that the other party acted negligently. In a car accident case, that could mean the other driver ran a red light, drove while intoxicated, was distracted, or was speeding.
Causation
Next, you need to connect that negligence directly to the accident and to your child’s injuries. This is where a clear, well documented account of what happened matters: it draws a straight line from the other driver’s conduct to the harm your child suffered.
Damages
Once negligence and causation are established, you can pursue compensation from the at-fault party. This can include medical costs, pain and suffering, and other losses connected to the accident.
When the Injured Party is a Minor
When pursuing a personal injury settlement for a minor, the process will look somewhat different from those cases where the plaintiff is an adult. The most notable difference is that settlements in personal injury claims involving minors require court approval. This means that a judge will review the claim and the terms of the settlement to make sure that everything is reasonable and serves the best interests of the child. For instance, the judge will determine when the child can receive the settlement money and how it will be used to prevent the parents, guardians, or other parties from misusing the funds. The judge may state that a portion of the settlement should be used for medical bills and rehabilitation costs, and then state that the remainder of the settlement should be placed in an interest-bearing account that can only be accessed by the child once they turn 18. These protections are designed to protect a child’s settlement funds and support their recovery in both the short and long term.
What Compensation May Be Available to Injured Minors
The settlement recovered by personal injury victims can be used to cover a range of costs and expenses. Depending on the specifics of your child’s personal injury claim, you may be able to receive compensation to account for expenses like:
- Medical bills (i.e., hospital stays, surgery, visits to medical specialists, etc.)
- Future medical care
- Rehabilitation and therapy
- Pain and suffering
- Permanent disability or disfigurement
- Future loss of earning capacity (in severe cases)
Every personal injury claim is unique, so it’s important to discuss the specifics of your child’s case with a highly experienced and trusted Seattle personal injury attorney.
FAQs About Child Personal Injury Claims in Washington State
Can parents accept a settlement without court approval?
Most cases involving minors require court approval to ensure that the settlement is fair and sufficiently protects the child’s interests.
Who receives the settlement money?
The funds recovered from a child personal injury settlement are generally managed according to Washington law and any applicable court orders, with safeguards in place to protect the child.
Can a settlement include future medical expenses?
Yes, future treatment, ongoing therapy, and other anticipated costs are often important components of a child injury settlement.
Reach Out to Seattle’s Trusted Personal Injury Law Firm Today
If your child suffered injuries in an auto accident, now’s the time to explore your options for recovering the compensation you and your family need to support the costs of the recovery. At Scott & Scott, PLLC, our team of highly experienced and dedicated personal injury attorneys is ready to provide you with the customized and compassionate legal guidance you need during this challenging time. Please reach out to our Seattle office today by calling (206) 622-2200 to learn more personal injury settlements for minors in Washington state.