Seattle School Injury Accident Lawyer

If you are the parent or guardian of a minor child, you should know that children have a special set of legal rights. This makes child injury claims significantly different from adult injury claims.

• In adult injury cases, the statute of limitations in Washington state is typically 3 years. For children under the age of 18, the statute of limitations is typically extended.
• In most personal injury cases, a parent or guardian must file a claim on behalf of a minor child. Children under 18 usually cannot hire a personal injury attorney on their own.
• Parents or guardians who were responsible for a child’s mental and physical health care costs as the result of an accident, injury, or traumatic event can file a claim for those costs.
• If parents or guardians lost wages while caring for their child after an accident, injury, or traumatic event, they may have a legal claim for those lost wages.
• If a child is so seriously injured that they may never be able to work, they may have a legal claim for future lost wages.
• While adults are held to certain standards when courts evaluate their negligence in causing or contributing to an accident, children are held to different standards. Courts understand that children do not have the same judgment and foresight as adults.
• Settling a child injury claim or lawsuit requires approval by the court.
• If a child receives a settlement or claim, those funds may not always be released immediately. In some cases, those funds will be placed in a trust account on behalf of the child until they are 18 years old.
• In wrongful death claims, many different people may potentially serve as the executor (aka administrator, personal representative). In cases involving the wrongful death of a child, the parent is usually the executor.
• In cases involving a minor child, a guardian ad litem may be required.