Accidents happen every day. Some cause minor injuries that heal relatively quickly, while others can lead to catastrophic injuries or even death. When an accident involves a child, the parents or legal guardians can feel helpless and deeply concerned about the child’s recovery. Suddenly, the child and their family members face an uncertain future, filled with hospital stays, medical appointments, physical therapy sessions, time away from school, and other significant disruptions to the child’s daily routine. Moreover, the financial toll of an accident is often considerable, and parents are left wondering how they will be able to pay down the medical bills and other costs associated with the incident and the resulting injuries. If your child has suffered an injury due to someone else’s negligence, you are far from alone. According to data released in 2019, “the economic cost (medical expenses and productivity losses) of injuries among children under age 15 was $396 billion.” Car and pedestrian accidents, playground injuries, sports injuries, and other incidents can lead to serious injuries for minors.
In the wake of an accident, parents are often unsure of how personal injury claims work for minors. It’s important to recognize that parents and legal guardians in Washington state have the right to file a lawsuit on behalf of a child, as minors are not allowed to sue on their own behalf. While a parent or legal guardian typically files the personal injury lawsuit on behalf of the child, the court may appoint a Settlement Guardian ad Litem (SGAL) to ensure that the settlement is in the child’s best interest. At Menzer Law Group, our team of highly experienced and caring personal injury attorneys is deliberately selective in the cases we choose to take on so that we can focus our attention and leverage our expertise on those cases where we think we can have the most meaningful and lasting impact. We encourage you to contact our Seattle office to arrange a complimentary case evaluation. Let’s take a look at how the child accident lawsuit legal process typically unfolds and the steps you can expect to take when filing a personal injury lawsuit for a child in Washington state.
Common Types of Accidents Involving Children in Washington State
There are countless ways that a child can sustain an injury in the greater Seattle area. Some of the most common scenarios that involve child injuries are listed and explored below.
Car and Pedestrian Accidents
When a distracted or reckless driver collides with another vehicle, bicyclist, or pedestrian, there can be serious injuries to the other parties. Children riding on bikes or crossing the street can be hit by inattentive drivers, and children riding in the backseat of a car can suffer injuries if another vehicle or truck collides with their car. Car accident injuries can be serious and require lengthy hospital stays, medical interventions, and follow-up care, all of which can be costly.
Playground or School Injuries
If your child was injured on the playground because of insufficient adult supervision or faulty equipment, you may be able to file a personal injury claim against the negligent party. Establishing fault can be difficult in these cases, so it’s worth enlisting the services of a top Seattle personal injury attorney to improve your chances of success.
Sports and Recreational Injuries
While many sports facilities and programs have liability forms in place, there are circumstances in which another party’s gross negligence causes serious injury to a child. To learn more about whether you may file a personal injury claim on behalf of a child who is injured in a sports-related accident, reach out to Menzer Law Group today.
Premises Liability Claims
Property owners in Washington state have a legal obligation to maintain the safety of their premises. If your child slipped and fell on a wet surface at the grocery store or tripped on a city sidewalk that was poorly maintained, you may be able to file what’s known as a premises liability claim against the property owner for failing to keep the premises safe and hazard-free.
Who Can File a Minor Injury Claim in Washington State?
When a child suffers an injury (from a car, bike, or pedestrian accident, for instance), their parent or legal guardian may file a personal injury claim on the child’s behalf. Since those under the age of 18 cannot legally sign contracts or enter into agreements, a parent or legal guardian may step in to handle these legal matters on behalf of the child. It’s important to recognize that the court must approve any settlement or lawsuit involving a minor to make sure that these actions are in the best interests of the child. Under SPR 98.16W, “In every settlement of a claim, whether or not filed in court, involving the beneficial interest of an unemancipated minor or a person determined to be disabled or incapacitated under RCW 11.88, the court shall determine the adequacy of the proposed settlement on behalf of such affected person and reject or approve it.” In other words, the court must review the terms of the proposed settlement (i.e., an insurance company’s settlement offer after a car accident) before the claim can be settled.
Understanding the Role of the Settlement Guardian ad Litem When Filing an Injury Claim for a Minor in Washington
During the personal injury claim process that is undertaken on behalf of a minor, the court will appoint a qualified individual to serve as the child’s Settlement Guardian ad Litem (SGAD), whose role is to “assist the court in determining the adequacy of the proposed settlement.” The SGAD conducts an investigation into the circumstances of the claim and the proposed settlement and files a written report with the court within 45 days of their appointment to this role. The report will also include a recommendation as to whether the court should approve the proposed claim. However, the court may determine that appointing an SGAD is unnecessary if the child is already represented by independent legal counsel. If you are interested in learning more about pursuing a settlement for an injured child in Washington state, consider reaching out to Menzer Law Group for a complimentary review of your claim.
Pursuing a Settlement For an Injured Child in Washington State
As you explore your options for recovering the compensation you need to account for the steep costs stemming from the accident, it’s helpful to get a sense of how settlements for child injuries are typically handled in Washington state. Like any other personal injury lawsuit, the injured party may seek damages for the medical expenses associated with the injury, such as hospital bills, medical visits, physical therapy, medication, surgical bills, and other medically related costs. Parents filing on behalf of a child can generally recover their own out-of-pocket expenses related to the child’s injury, which are usually reimposed directly to the parent or guardian from the settlement. Additionally, the parent or legal guardian filing on behalf of the injured child can seek compensation for the pain and suffering the child has experienced in the aftermath of the accident (i.e., anxiety, post-traumatic stress disorder, insomnia, depression, etc.). When the insurance company or the at-fault party presents the injured party with a proposed settlement, the court will need to review the terms to make sure that they appropriately serve the child’s best interests. If so, the child’s injury settlement will likely be placed in a secure account or financial plan so that no one can access the funds until the child reaches the age of 18. If you need to access these funds to make payments that are in the child’s best interest, you must submit a request document to the court for its approval. These measures protect the settlement from exploitation or theft so that the child can access these funds once they are of age.
What Washington Parents Suing For a Child’s Injury Should Know
Another difference between adult personal injury claims and those filed on behalf of children is the statute of limitations. In Washington state, the typical deadline in which an adult may file a personal injury claim is three years from the date of the accident. However, claims involving children have a bit more leeway. A parent or guardian may file a claim on behalf of a minor within three years of the accident, or the child can wait until they reach the age of 18 and then have three years in which to file a claim themselves. If you are ready to learn more about filing an injury claim for a minor in King County or Pierce County, get in touch with Menzer Law Group today to arrange a complimentary case evaluation.
Learn More About Personal Injury Lawsuits Today
If your child has suffered an injury due to another party’s negligence, you have the right to file a personal injury claim to recover the compensation you need to support the costs associated with your child’s recovery. Seeking the guidance of Menzer Law Group, one of Seattle’s top personal injury law firms, can help to maximize your settlement offer so that you and your family can start getting your lives back on track after the accident. Our highly experienced and caring legal team believes in focusing our efforts on the cases where we can make the most profound and meaningful impact, which means that we are intentionally selective in the cases we take on. We encourage you to reach out to our Seattle, Washington office today at (206) 903-1818 to arrange a complimentary review of your claim.
