If your child was hurt due to the negligence of another, a personal injury action can be filed to hold the at-fault party accountable for their injuries. However, it is vital to be aware that personal injury claims involving minors have some procedures and nuances that are distinct from those filed by adults. Not only are there certain exceptions when it comes to the statute of limitations, but the settlement process is handled differently. Parents also have two options when it comes to the time frame in which to file a claim — and they can recover their own damages, as well as those on behalf of their child.

Here are four things to know about personal injury claims involving minors in Washington:

1. The Statute of Limitations is Different for Claims Involving Minors

Generally, Washington State imposes a strict three-year statute of limitations to bring a personal injury action. But in cases involving a minor, this time limit may be “tolled” until their 18th birthday. This allows the child to file a lawsuit on their own for up to three years once they have reached age 18 - making the statute of limitations the minor’s 21st birthday. A lawsuit must be filed within the applicable statute of limitations, otherwise the claim will be forever barred.

2. Bringing a Personal Injury Claim Involving a Child

Since a child cannot bring a negligence claim on their own until they become a legal adult, there are two ways personal injury claims involving minors can be brought forward. Under Washington law, a parent or guardian can file a claim on behalf of the child within three years from the date of the accident. Or, as discussed above, a claim can be brought by the child once they turn 18 but before they turn 21.

The facts and circumstances of every case are unique — and it is essential to carefully consider the best course of action. The personal injury process can be simplified by waiting until the child turns 18 since this would allow them to bring the claim themselves. However, in some situations, crucial evidence can disappear or be destroyed by waiting that long. It is a good idea to discuss the pros and cons of each option with a knowledgeable personal injury attorney.

3. Personal Injury Settlements are Handled Differently in Cases Involving Minors

Washington courts seek to ensure that a minor’s rights will not be adversely impacted post-settlement. Although a parent or guardian can sign a settlement on a child’s behalf, settlements in personal injury claims involving minors require court approval. The details of the claim and the settlement terms are reviewed by a judge at a hearing to ensure they are reasonable — and the child’s needs are met. The judge will determine the appropriate time for the child to receive the settlement money, and how it will be used. While some of the settlement may be used for medical bills and the child’s current needs, any funds remaining would be put aside in an interest-bearing account and can only be withdrawn once the child turns 18. No one else is permitted to benefit from the distribution of the settlement funds, except the minor.

4. A Wide Range of Damages are Available in Personal Injury Claims Involving a Minor

A child who has been harmed due to someone else’s negligence may require extensive medical care and suffer not only physically, but emotionally as well. Depending on the nature and severity of the injuries, various aspects of the child’s life could be affected, including their education, social life, and ability to participate in extracurricular activities. There are several different types of economic and non-economic damages that may be recovered in personal injury claims involving minors, including the following:

• Medical expenses
• The costs of future medical treatment
• Costs for long-term care
• Loss of earning potential
• Pain and suffering
• Disability
• Disfigurement
• Mental anguish and emotional distress
• Loss of quality of life

While every case is different, it is important to retain a skillful personal injury attorney who can best advise regarding the types of damages available in a specific claim.

Contact an Experienced Washington Personal Injury Attorney

Personal injury claims involving minors can be complex and it is critical to have a personal injury attorney by your side to help you navigate the process. The Bellingham personal injury attorneys at Robinson & Kole provide trusted counsel to accident victims throughout Washington State for a wide variety of personal injury matters, including those involving children. Our legal team is dedicated to securing the maximum compensation available under the law in each case.

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.