If a child is injured in a car accident in Seattle, you may be wondering whether or not they can still receive compensation. After all, there are many instances where minors may be in the car, whether they are a child passenger or a teen driver.
At NBF Accident Law, our Seattle accident lawyers are dedicated to providing our clients with the legal representation they need as they navigate a minor car crash claim in WA. Our attorneys will work tirelessly on your behalf every step of the way as you file your claim, gather evidence, and negotiate for compensation.
Common Injuries and Concerns
Getting into a car accident is an ordeal for anyone, especially if they are a minor. If a child is injured in a car accident in Seattle, this can come with even more complications, as they are smaller and at a greater risk of developmental issues.
For smaller children, especially, as they are more likely to sustain serious injuries, including things like:
- Head trauma
- Whiplash
- Fractured and broken bones
- Internal damage
- Spinal damage
- Tissue lacerations
In addition to the risk of physical injuries, children are also more likely to sustain psychological trauma after a car accident. It can result in PTSD and long-term fear and anxiety associated with driving.
Children may also be more likely to develop other medical complications or symptoms later on after the accident.
Filing a Claim on Behalf of a Minor
The primary thing you need to understand about a personal injury child settlement is that minors cannot file a claim on their own behalf. Instead, this is a duty that their parents or guardians must do for them. As an alternative to this, minors can wait until they turn 18 years old to file their own claim.
For young children or minors who wish to proceed with a claim right now, the process of filing a claim on their behalf is relatively straightforward. This is no different than filing your own personal injury claim, except you will be giving information regarding the child, not yourself.
Also, personal injury claims for children don’t usually go to court, which can make this process more straightforward. Regardless, it is best to hire an auto accident lawyer in Seattle to help you file this claim to avoid running into any issues. A lawyer can also help you with every other step of the process, including gathering evidence and negotiating with insurance carriers.
Types of Compensation Minors Can Receive
The good news for children who have been injured in a car accident is that they usually have just as much right to compensation as an adult. Because of this, a personal injury claim for an injured child allows them to seek damages for medical expenses, pain and suffering, and even the loss of the ability to earn an income.
Certain types of damages will be more challenging to prove, such as the loss of ability to earn an income. In most cases, compensation would only be awarded for the loss of ability to earn an income if the child sustained long-term injuries.
However, just like a personal injury claim for an adult, it is essential that you collect evidence for the child’s claim. This evidence needs to be able to prove the extent of their injuries and how this can impact their present quality of life, mental health, and future quality of life.
Legal Deadlines and Statute of Limitations
Anytime you are filing a personal injury claim, it is crucial that you are aware of the statute of limitations. Even when the claim is for a child, there is a three-year statute of limitation from the date of the accident. So, a parent or guardian must file the claim before the three-year deadline in order to receive compensation.
Alternatively, if the child decides to file the claim for themselves, they can do this once they turn 18, but the claim must be filed before they turn 21. If any of these deadlines are missed, the child would automatically not be eligible to receive compensation, no matter the extent of their injuries or the details of the accident.
Generally speaking, it is usually best to file a personal injury claim as soon as possible while the evidence is still easily accessible.
FAQ:
Can a child testify in a personal injury case?
Although not usually necessary, it is possible for a child to testify in a personal injury case as anyone who is of a sound mind and discretion can testify in court. However, personal injury claims involving minors very rarely get that far.
Where does settlement money go for a minor?
In most legal cases involving minors, any settlement money awarded to them will go into a blocked account until the child turns 18. Parents are not usually allowed to access the money or use it for their own benefit. However, court-supervised withdrawals may be allowed if approved by a judge, and you can prove that the withdrawals will be used for the child.
Can I reopen the case if future medical needs arise?
It is usually not possible to reopen a personal injury case unless you have a very good reason or you have new evidence. For new medical issues, this may be possible as long as you are able to prove that the new medical needs directly correlate to the accident.
Contact an Auto Accident Lawyer at NBF Accident Law
When a child is injured in a car accident in Seattle, you may not know what to do next or what their rights are. The good news is that minors are still entitled to receive compensation for any injuries they have sustained as a result of a car accident.
At NBF Accident Law, our auto accident lawyers will fight purposefully on the behalf of our Seattle client, ensuring that victims of car accidents get the compensation they deserve, even if they are a minor. We will help you navigate the complexities of a legal claim for an injured child in Washington, ensuring you have the best chance of a fair outcome.
Contact us today at 206-923-8888 to schedule a consultation with one of our attorneys.
