If your child suffered an injury due to the negligence, carelessness, or recklessness of another, the physical and emotional toll it takes on them can be significant. In some cases, the effects of an accident-related injury can last a lifetime, impacting their schooling, ability to participate in activities or build friends, and work in the future. While it is important to take action to hold the responsible party accountable for the harm they caused your child, there are special rules and procedures to be aware of when filing a minor personal injury claim in Washington.

What is the Statute of Limitations in a Personal Injury Case Involving a Minor?

Under Washington law, there are strict statutes of limitation when it comes to personal injury cases. An injured party has three years to file a claim in most situations. However, if a minor is injured, the statute of limitations can be tolled, allowing for two options. The minor’s parent or guardian can file a minor personal injury claim on their behalf within the three-year deadline — or the minor can file a claim themselves within three years of their 18th birthday.

Is it Better to File a Minor Personal Injury Claim Now or When They Reach Age 18?

The facts and circumstances of every case are different. Depending on the injury, it may be best to wait until the child reaches the age of majority to file a personal injury case. This can allow time for the injuries to develop, so that the full impact of the injury is known, allowing the child to recover the maximum amount of damages available.

In other cases, it may be best to settle a lawsuit within three years to recover medical expenses and out-of-pocket costs as soon as possible. Other factors to consider in a minor personal injury claim include the availability of witnesses and access to evidence. As time goes by, evidence may be lost and witnesses may forget the details about the accident. Filing a claim within the three-year statute of limitations can help ensure key witnesses testimony and vital evidence are preserved.

Damages in a Personal Injury Case Involving a Minor

A child who has been hurt in an accident caused by someone else’s negligence may require extensive medical treatment as well as physical and emotional support long after the occurrence of the incident. Not only can an accident-related injury cause a child to suffer physical harm, but they may sustain emotional injuries as a result of their disfigurement or disability. The psychological impact of an accident can also be serious, affecting a child’s education, ability to engage in activities, and their social life.

The damages that can be recovered in a minor personal injury claim can vary, based on the severity of the injury. However, they can generally include the following economic and non-economic losses:

• Medical expenses
• Costs of surgery and physical therapy
• Long-term care costs
• Loss of earning potential
• Disability and disfigurement
• Pain and suffering
• Loss of quality of life
• Physical pain
• Emotional distress

Learn How an Experienced Washington Personal Injury Attorney Can Help

If your child has been hurt in an accident caused by someone else’s negligence, a skilled and compassionate personal injury attorney can guide you through the legal process of filing a minor personal injury claim. The Bellingham personal injury attorneys at Robinson & Kole provide reliable representation to accident victims throughout Washington State, including minors and their families. We are committed to providing personalized attention in each case as we work toward obtaining the maximum compensation available under the law.

Contact Robinson & Kole for a Consultation

We welcome you to contact us for a free consultation by calling 360-671-8112 or by using our online contact form. Se habla Español.