The Washington state child injury attorneys at Davis Law Group have worked tirelessly for the rights of injured children and their families. Our office knows the heartache and recognize no amount of money is going to provide solace from the loss of a child.
We have worked closely with fathers, mothers, grandparents, siblings and guardians as they work through challenges and deep grief to hold accountable those responsible for a child’s injury or death.
For a free case evaluation with an attorney at Davis Law Group, call (206) 727-4000.
Child Injury Claims: What Parents Need to Know
Parents and guardians of children that have been injured as a result of neglect, poor supervision, carelessness, or wrongdoing need to know that child injury claims are significantly different from adult injury claims.
The statute of limitations for child (under age 18) injury claims and lawsuits is typically extended. A child cannot hire an attorney and file a personal injury lawsuit on their own — typically a parent or guardian must do so on behalf of the child.
A claim for mental and physical health care costs can be brought by the parents or guardian who was responsible for the bills. Parents may have a legal claim for their lost wages due to an ability to work in order to care for their injured child. Seriously injured children may have a legal claim for future lost wages due to an inability to work.
Children and Negligence
Children are not held to the same legal standard as adults when evaluating negligence — children are not necessarily responsible for their own actions. The settlement of a child injury lawsuit or legal claim must typically be approved by the court. In some cases, once a court has approved a settlement or claim, the child may not receive funds until he/she is 18 years of age.
Settlement funds are often placed in a trust account on behalf of the child. A guardian ad litem is often required in cases involving a child. In a child wrongful death claim, the parent is often the executor (aka administrator, personal representative).
Parental Immunity for Child Injuries
Washington state law recognizes the Parental Immunity Doctrine, which protects parents from being held legally responsible for negligent acts which may result in a child's injury. This is not only beneficial to parents whose children have been injured in an accident, but also ensures that the child is able to recover the full amount of compensation that they deserve for their injuries.
How Child Personal Injury Claims Work
Dealing with the serious injury or death of a child is one of the most devastating things a family can endure. At Davis Law Group we understand that no amount of compensation can begin to repay a family dealing with the injury or loss of a child.
Unfortunately, the process can be difficult in complex in bringing a claim for your child.
Common Causes of Child Injuries
The award-winning attorneys and legal team at Davis Law Group have served the interests of injured children and their parents since being founded by attorney Chris Davis in 1994.
According to the Washington State Department of Health, which tracks all types of child injuries, there were a total of 15,998 non-fatal child injuries between the years 2009-13 in Washington State. That’s an average of 3,200 a year.
Some of the more specific types of child injury cases we have experience with include:
- Car accidents
- Bicycle accidents
- Dog bite attacks
- Amusement park accidents
- Falls due to lack of proper safety measures
- Physical, emotional or sexual abuse
- Pedestrian accidents
- Negligence by a school or school district
- Daycare facility accidents
- Lack of proper supervision and/or neglect
- Ingestion of poisonous household products
- Household fires
- Swimming-related accidents
- Playground equipment accidents
- Fireworks and fire arms
Injuries resulting from these types of accidents are often very serious and can sometimes lead to severe, long-term disabilities. The person or company responsible can be held accountable through a lawsuit filed on behalf of the injured child. And when that negligence results in the death of a child, a claim by the parent or parents will be a difficult and sensitive matter best handled by professionals with years of understanding, compassion, and patience handling these situations.
If you have a child that has been injured in an accident, contact Davis Law Group today: (206) 727-4000.
When Do You Need A Child Injury Attorney?
Cases involving physical or emotional injuries to minor children can be very complicated from a legal perspective. In many cases involving physical injuries, children may heal at a different rate than adults, and it may take years for the full effect of a permanent injury to become apparent. In cases involving emotional damage, such as post-traumatic stress disorder (PTSD) after a violent accident or sexual abuse, children may not be able to articulate the full extent of their fear and pain until they are older.
Fortunately, the statute of limitations in Washington state in cases involving injuries to children does not always end after three years. This means that you can still search for a lawyer even if it took years for medical professionals to evaluate the full extent of your child’s injuries.
However, if you know that your child has serious and life-changing injuries, it’s a good idea to start the process by speaking with a personal injury attorney as soon as possible. If you wait too long to speak with an attorney, it’s possible that crucial evidence could be lost. It’s a good idea to contact an attorney as soon as you know that you want to file an insurance claim or lawsuit on your child’s behalf.
For a free case evaluation, call Davis Law Group at (206) 727-4000.