The short answer is yes; an injured child has the same rights as an injured adult. If a child is injured because of another person or entity – whether by a defective product, medical malpractice, in a car accident, or other type of negligence – he or she may be entitled to recover damages. Note that children may have additional time to file an injury claim – see question about statute of limitations.
Like other types of personal injury cases, a child may be entitled to recover damages for pain and suffering, emotional trauma, rehabilitation, long-term care, disability, future medical bills, loss of enjoyment of life and future lost wages. In some cases, current medical bills will fall under the parent’s responsibility before the child is 18 years of age.
Generally, the statute of limitations for a personal injury claim in WA State is three years from the date of the injury. If the injury is incurred by a minor child, however, the child may have three years from their 18th birthday to file a claim. It is always best to check with a WA State personal injury lawyer as soon as possible to discuss your legal rights and the laws relevant to your case.
When anybody is injured the first thing to do is seek appropriate medical care. If you believe that the injury was caused by a defective product, unsafe building conditions or a breach of “duty of care” by a medical provider or care giver; an experienced child injury attorney should be contacted right away. The best time to gather and preserve evidence for an injury claim is right after the accident so there is no time to waste!
Yes; immediate family members of the deceased child may be able to file a wrongful death claim for loss of enjoyment of life due to the death of a child. Speak to an experienced wrongful death lawyer in your state.
Proving liability in a child injury claim can be challenging and time consuming. A personal injury lawyer gathers evidence and interviews key witnesses to build a case. They handle pre-trial litigation and go to trial if necessary. Injured parties who hire a child accident attorney typically see settlements several times bigger than what they could negotiate on their own. The best part is that personal injury lawyers in WA State work on a contingency fee basis, which means that you only pay a percentage of your settlement.
An experienced child injury lawyer understands the delicate nature of children and takes care to limit their involvement in any case. The child’s role is limited while expert witnesses, the personal injury lawyer and other adults present the evidence and negotiate a settlement.
When selecting a personal injury lawyer for your child’s injury there a few things to look for.
Once you have narrowed the list of attorneys based on these factors, setup meetings with the top contenders to ensure that you choose the right fit.
We look forward to answering all of your questions and speaking with you about your legal needs. When you call our office or send us a message through our consultation request form we will provide a FREE initial consultation and case evaluation. Our attorneys offer home and hospital visits with evening and weekend appointments available.