Injuries to Children in Car and Truck Accidents
If your child has been injured in a car or truck accident or other incident caused by the fault of another party, there are a number of important legal issues that you should consider. First, a child under the age of 18 may assert a claim for personal injury against the party at-fault for the accident and collect compensation from their insurance company. There are important time limits on the child’s right to bring a claim under Washington law. Second, in such a claim, the child may collect compensation for past and future medical expenses, pain and suffering, disability, loss of enjoyment of life, and any other damages that were caused by the accident. If you have questions about the types of injury compensation that your child may be able to collect following an accident, contact our law firm for a free consultation. We will explain the rights your child has to assert a claim for compensation with the insurance company.
Are There Special Rules for Approval of Children’s Compensation Claims?
In Washington, special rules apply to the approval of settlements for minors. Special Practice Rule 98.16W requires court approval of all settlements involving minor children or incapacitated persons. This means that the attorney for the child must go through an approval process with the court to make certain that the settlement is in the best interest of the child. A settlement of a claim involving a minor is void if it does not go through the settlement approval process. Approval of minor settlements usually involves appointing a third-party attorney with experience in personal injury cases to review the facts of the settlement and determine if the settlement is in the best interest of the child. The process can take substantial time and increases the cost of getting a settlement finalized in a personal injury case. However, it adds additional protection for children to make certain that their best interests are protected. Any funds recovered for settlement of a child’s claim must be protected until the child reaches the age of majority. The court will require that the funds be held in trust for the child and that the funds are maintained for the benefit of the child. If you have questions about the minor settlement process, contact one of our attorneys for a free consultation about settlement of children’s personal injury claims. We can tell you how the law will apply to your specific claim.
What if the At-Fault Party is a Relative or Parent?
In Washington, a child may assert a claim for compensation even if the party at-fault for the child’s injury is a parent or relative. If a child is injured in an accident, the family should assert a claim against the insurance company to collect compensation for the child’s injury even if the accident was caused by the fault of a relative or parent. Without such a claim, the child will collect no injury compensation and the benefits of brining a claim usually outweigh the costs.
Free Consultation for Children’s Compensation Claims
Our law firm offers a free consultation for evaluation of children’s compensation claims. Contact us today for personalized advice about your child’s injury compensation claim.