Has your child been injured because of the negligent actions of another? When a child is hurt unexpectedly, parents can feel overwhelmed and unsure about what to do next, especially when facing medical bills and questions about who may be responsible. As Bellingham child injury attorneys with decades of experience, we’ve put together a list of frequently asked questions about child injuries to help parents better understand their legal rights and options. From determining whether negligence played a role in your child’s injury to navigating the claims process, our goal is to provide clear, helpful information and support during a difficult time.
Yes. An injured child may have a personal injury claim if another person or entity’s negligence caused the injury. This may apply to injuries involving a defective product, medical malpractice, a car accident, or another type of negligence. Washington law may give children additional time to bring their own injury claims, although exceptions apply, so it is important to speak with an attorney about the specific circumstances of the injury.
Like other types of personal injury cases, a child may be entitled to recover damages for a variety of losses, including pain and suffering, emotional trauma, rehabilitation, long-term care, disability, future medical bills, loss of enjoyment of life, and future lost wages. A child injury settlement may also include compensation for medical expenses and other costs incurred by the parents because of the child’s injury. Depending on the damages being recovered, some settlement funds may belong to the child while others may compensate the parents for expenses they have paid or will incur.
Generally, the statute of limitations for a personal injury claim in Washington State is three years from the date of the injury. However, when an injury occurs while the injured person is under 18, the statute of limitations may be tolled until the person turns 18, potentially giving the child three years after their 18th birthday to bring a claim. Exceptions may apply depending on the type of injury or claim, so it is important to speak with a Washington State personal injury lawyer as soon as possible to understand the applicable deadlines.
Note: A parent’s claim for expenses related to a child’s injury can have a different deadline than the child’s own claim.
When a child is injured, the first step is to seek appropriate medical care. If you believe your child’s injury was caused by negligence, such as a defective product, unsafe building conditions, or a breach of the duty of care by a medical provider or caregiver, an experienced child injury attorney should be contacted as soon as possible. The best time to gather and preserve evidence for an injury claim is right after the accident.
Yes. A parent or legal guardian may be able to bring a claim when a child dies because of another person or organization’s negligence. Depending on the circumstances, damages may include medical expenses, loss of love and companionship, loss of emotional support, and the loss or destruction of the parent-child relationship.
Proving liability in a child injury claim can be challenging and time-consuming, especially when you are focused on your child’s recovery. A personal injury lawyer can gather evidence and interview key witnesses to build a strong case on your behalf. They will also handle negotiations, pre-trial litigation, and represent you in court if necessary. People who hire an experienced child injury attorney may receive larger settlements than those who negotiate on their own, without any upfront costs.
An experienced child injury lawyer understands the sensitive nature of child injury cases and can work to limit a child’s involvement in the legal process. Depending on the circumstances, the child may have limited involvement while the attorney, expert witnesses, and other adults handle much of the evidence gathering, negotiations, and legal proceedings.
When selecting a personal injury lawyer for your child’s injury, there are a few things to consider, including:
- Online reviews for both the attorney and the law firm
- Attorney ratings from reputable legal websites
- The attorney’s years of experience
- The attorney’s focus on personal injury
- The attorney’s experience with child injury claims and the area of law relevant to your child’s injury, such as medical malpractice, products liability, social host liability, or car accidents
Once you have narrowed your list of attorneys based on these factors, set up meetings with the attorneys you are considering to determine who will be the best fit for your family.
We look forward to answering all of your questions and speaking with you about your legal needs. Call our office or send us a message through our consultation request form today; we will provide a FREE initial consultation and case evaluation. Our attorneys offer home and hospital visits with evening and weekend appointments available.