Spokane Child Injury Attorney
When it comes to children, nothing is more important than their safety. As a parent, we buy them car seats and bike helmets and try to make sure they’re safe at all times. We put an enormous amount of effort into researching daycares and babysitters for our children, but what happens when our child is injured due to someone else’s negligence? The child is not in a position to defend their own rights, therefore it up to the parent or legal guardian to pursue a claim on behalf of the injured child. Dealing with an injury as a child is not the same as dealing with an injury as an adult. It’s important to make sure the child’s future needs are preserved as well. A knowledgeable and experienced personal injury attorney can help you ensure that the child receives the maximum amount available to cover any and all current and future expenses.Causes of Injuries to Children
Common causes and types of child injuries and deaths include:
- Fires
- Premises Liability (from playground or amusement park injuries)
- Daycare injuries
- Dog bites
- Bicycle accidents
- Burn injuries
- Broken bones
- Spinal cord injuries
- Head injuries
- Birth injuries
- Surgical mistakes
- Diagnosing errors
- Fireworks injuries
- Firearm injuries
- Swimming pool drowning/injuries
- Sports injuries
- Car accidents
- Bus accidents
- Poisonings
- Product liability (injuries from toys, safety seats, etc.)
Determining Who’s at Fault in a Child Injury Incident
Determining liability for an accident in which a child is injured depends on what type of accident and who the potential liability party may be. Liability in an auto accident would be determined by reviewing the facts of the collision whereas a birth injury may require the involvement of other experts to determine the at-fault party. If your child was injured, a consultation with an experienced personal injury attorney is the first step in determining who may be at-fault and therefore liable for the injuries.How Child Injury Cases Differ From Adult Personal Injury Cases
In Washington State, a child cannot receive a settlement directly and any settlement negotiated on their behalf must be approved by a guardian ad litem and a judge. A guardian ad litem is a court appointed representative of the injured child who will review the medical records, demand process and settlement to ensure the child is receiving a fair and equitable settlement. The guardian ad litem is required even if the case was settled and no lawsuit was filed. Settlements are deposited into locked accounts or sometimes placed in structured annuities, which provide for the settlement, plus interest, to be available at dates to which the guardian ad litem, the Court, and the child’s parents, agree.Who Has the Right to Pursue the Claim on Behalf of the Child?
A parent or legal guardian may file and pursue a claim on behalf of the child. Children under 18 may not file a claim on their own behalf until they have reached their eighteenth birthday.Time Limits for Pursuing Child Personal Injury Claims
Washington state provides a three-year statute of limitations for pursuing a claim, however, for a minor child, the timeline is extended and does not begin until the child’s eighteenth birthday. The injured child has three years from their eighteenth birthday to settle the claim or file suit. There are instances when the date of the statute of limitations is difficult to determine, therefore you should consult with an experienced personal injury attorney to ensure you do not lose your right to recover for your injuries.Free Consultation
Real concern, real help, and the consultation is free.
Recognized as one of Spokane’s Top Lawyers from 2011-2020 by Spokane-Coeur d’Alene Living Magazine.
