
Contact us now for a no cost legal consultation regarding your child's case. If a lawsuit has been filed to recover financial compensation for the child's injuries, that child may be called to testify in court. However, most cases involving children never go to court. So the chances that a child will be forced to testify in court are extremely low.
The age of the child does not necessarily determine whether a child can or should testify. But in Washington, the admission of testimony by children under age 10 is within the discretion of the trial court. Children under the age of 10, who appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly, may not be considered competent to testify.
Generally, a child may be held competent to testify if that child (1) understands the obligation to speak the truth on the witness stand; (2) has the mental capacity, at the time of the occurrence concerning which the child is to testify, to receive an accurate impression of it; (3) has a memory sufficient to retain an independent recollection of the occurrence; (4) has the capacity to express in words a memory of the occurrence; and (5) has the capacity to understand simple questions about the occurrence. The final determination of whether the child is competent to testify will rest with the judge, who will evaluate and listen to the child, as well as consider the child's demeanor and manner of testifying.
Likelihood of Going to Court It's important to remember that most child injury cases do settle without going to court or trial. Statistically speaking, the chance that a typical personal injury case will go to trial is extremely small, probably less than 5% of all cases. I believe that the likelihood of a personal injury case involving a minor child will go to court is even smaller. This assumes however that the evidence of liability against the defendant is strong and the injuries are fairly serious and supported by the medical doctors and other experts involved in the case. Despite the low probability of a child injury case ever going to court, I have found however that the case must be thoroughly prepared as if it were going to trial. Insurance companies and their attorneys will not agree to pay a premium settlement offer unless they are convinced that there exists a strong possibility of a jury awarding much more money if the case goes to trial. A case that has been competently and thoroughly prepared will therefore increase the likelihood that the case will settle short of trial.
Contact us now for a FREE legal consultation regarding your child injury case. We have offices in Seattle, Bellevue, Mercer Island and Renton to serve accident victims all over Washington State. Contact us today for a free, no obligation consultation about your personal injury legal needs.
Seattle - Headquarters
2101 Fourth Avenue, Suite 630
Seattle, WA 98121
Phone: 206-727-4000
Fax: 206-727-4001
Toll Free: 1-800-4-Accident
Personal Injury Attorneys & Car Accident Lawyers
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Bellevue - Meetings Only
11061 NE 2nd Street
Suite 250
Bellevue, WA 98004
Phone: 425-298-3104
Toll Free: 1-800-4-Accident
By Appointment Only - No Mail or Legal Messenger
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Renton/Tukwila - Meetings Only
14900 Interurban Avenue South
Tukwila, WA 98168
Phone: 425-298-3104
Toll Free: 1-800-4-Accident
By Appointment Only - No Mail or Legal Messenger
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Central Washington - Meetings Only
Wenatchee, WA 98801
Phone: 509-731-3104
Toll Free: 1-800-4-Accident
By Appointment Only - No Mail or Legal Messenger
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Mercer Island - Meetings Only
2955 80th Ave SE
Mercer Island, WA 98040
Phone: 425-298-3104
Toll Free: 1-800-4-Accident
By Appointment Only - No Mail or Legal Messenger
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Seattle
2101 Fourth Avenue
Suite 630
Seattle, WA 98121
Phone: (206) 727-4000
Fax: 206-727-4001
Bellevue
11061 NE 2nd Street
Suite 250
Bellevue, WA 98004
Phone: 425-298-3104
(Appointment Only)
Renton/Tukwila
14900 Interurban Avenue South
Tukwila, WA 98168
Phone: 425-298-3104
(Appointment Only)
Mercer Island
2955 80th Ave SE
Mercer Island, WA 98040
Phone: 425-298-3104
(Appointment Only)
Central Washington
Wenatchee, WA 98801
Phone: 509-731-3104
(Appointment Only)
Toll Free: 1-800-4-Accident