Can I Bring a Personal Injury Claim on Behalf of a Child?

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Child injury claims are among the most emotional personal injury cases we handle. It is heartbreaking to witness a child suffering because of another party’s negligence and recklessness. A child’s injury can result in life-altering disabilities. When an innocent child is injured, they deserve to have someone fighting for them to get justice.

A child has a right to seek compensation for damages caused by an accident or personal injury. However, minors do not have standing to file lawsuits. Therefore, Washington State gives parents and legal guardians the right to file a personal injury claim on behalf of a child.

Common Types of Child Injury Cases in Seattle, WA

A personal injury claim on behalf of a child may arise from numerous situations and accidents. Common child injury cases include:

• Daycare negligence
• Playground accidents
• Defective toys, furniture, and other products
• School-related injuries
• Motor vehicle accidents
• Summer camp accidents
• Dog bites and animal attacks
• Sports injuries
• Bicycle accidents
• Medical malpractice
• Slip and fall accidents
• Negligent birth injuries
• Pedestrian accidents
• Swimming pool accidents

Injury is the leading cause of death in children. Thousands of children are injured in accidents each year. If your child is injured in an accident, protect their right to compensation by filing a personal injury claim.

What Is the Statute of Limitations in Washington for Personal Injury Lawsuits on Behalf of a Child?

There is a three-year statute of limitations for most personal injury lawsuits in Washington State. However, the statute of limitations for personal injury lawsuits filed on behalf of a child may be tolled until the child’s 18th birthday.

Tolling the statute of limitations means it is paused until the child’s 18th birthday. Therefore, a child has until their 21st birthday to file a personal injury lawsuit. The reason for tolling the statute of limitations is to give a child time to file a lawsuit once they have legal standing to do so.

However, parents and legal guardians can file a personal injury lawsuit for a child before their 18th birthday. Because evidence can be destroyed or disappear, and it can be more difficult to prove a claim as time passes, waiting years to file an injury claim for a child could negatively impact the case’s outcome.

What Is the Value of My Child’s Personal Injury Claim?

Children can receive the same types of damages as adults in personal injury cases. Washington tort laws provide for economic and non-economic damages in child injury cases such as:

• Lost wages for parents who miss work to care for their children after an accident or personal injury
• Diminished earning capacity for children who sustain a permanent impairment or disability
• Past and future medical expenses, including physical therapy, occupational therapy, and other rehabilitative treatment
• Emotional distress, mental anguish, and physical discomfort
• Disability, impairment, scarring, and disfigurement
• Pain and suffering for loss of enjoyment of life and quality of life
• Out-of-pocket expenses, including special education costs, household services, and personal care

The value of a child’s damages depends on many factors, including the extent and type of the child’s injuries. An attorney may work with several experts to correctly calculate current and future damages, including medical experts, financial professionals, development specialists, etc.

Common Injuries Children Sustain in Accidents and Other Incidents

Your child’s well-being is the top priority. Therefore, focus on protecting your child from further injury. Seek immediate medical treatment at the hospital or from your child’s doctor.

Children may not display the same injury symptoms as adults. Therefore, a doctor should examine your child to determine if they sustained injuries.

Common injuries children sustain include:

• Electrocutions and electrical injuries
• Fractured and broken bones
• Neck and back injuries
• Soft tissue injuries
• Traumatic brain injury
• Spinal cord injury and paralysis
• Internal organ damage
• Amputations and loss of limbs
• Nerve damage
• Severe burns
• Food poisoning
• Drowning and near-drowning
• Concussions and head injuries
• Lacerations and puncture wounds

Prompt medical care increases your child’s chances of fully recovering without impairments. Seeking immediate medical treatment also helps protect your child’s legal rights. Delays in medical attention may give insurance companies and at-fault parties a reason to dispute that your child’s injuries were the result of the accident.

Special Rules for Personal Injury Claims Involving Children – Attractive Nuisance and Contributory Fault

In a premises liability case, a property owner may not be liable for injuries sustained by trespassers. However, children are not held to the same standard as adults when an attractive nuisance is present.

An attractive nuisance is something that would attract a child and poses a danger to them. Examples of attractive nuisances are swimming pools, abandoned cars, trampolines, and construction sites. A property owner could be liable for damages even though a child was trespassing on their property because the owner knew or should have known the object or condition would attract a child.

There are also exceptions for children in cases involving allegations of contributory fault. Under Washington’s comparative fault law, a victim’s damages are reduced by their percentage of fault for causing their injuries.

A child could do something that would contribute to the cause of their injury. However, children typically do not understand risk and danger, so they are unaware their actions could cause them injury. Therefore, the court may not hold a child to the same level of fault as an adult who contributed to the cause of their injury.

What Should a Parent Do if Their Child Is Injured in an Accident?

If your child is injured in an accident, report the accident to the police, property owner, or other responsible party. Seek immediate medical care for your child’s injuries and continue medical treatment according to the doctor’s treatment plan. If you believe the doctor is not addressing the injuries, seek a second opinion.

Document the accident scene by taking pictures and making a video. Do not forget to photograph your child’s injuries throughout their recovery. If someone witnessed the accident, ask them for their names and contact details.

Meet with a Seattle personal injury lawyer as soon as possible. An attorney can handle the legal aspects of a personal injury claim to protect your child’s rights while you focus all your attention on your child’s recovery.

Call Our Personal Injury Law Firm in Seattle, WA

Your child deserves to be compensated if another party causes them to be injured. Call Davis Law Group Car Accident and Personal Injury Lawyers at (206) 727 4000 for a free consultation with a Seattle child injury lawyer. Let’s work together to get your child justice after an injury or accident.