When a child is injured in a car accident in Vancouver, WA, you will need to take certain legal steps. Accidents involving children come with significant risks, no matter whether the accident is mild or severe.
If a minor was involved in a crash in Washington and was injured because of it, you need to hire a personal injury attorney to represent them. At Henderson Taylor Law Firm, our team of auto accident attorneys has extensive experience helping victims of car accidents across Washington.
So, keep reading to find out what to do if a child is injured in a car accident in Vancouver, WA, and how to file a claim for them.
Immediate Steps to Take After a Car Accident
Especially for auto accidents involving children, it’s important to know what to do directly after the accident. Taking these steps ensures everyone is safe and protects crucial evidence that can later be used when you file a claim.
Here is a breakdown of what you should do directly after the car accident.
- Get medical care: The very first thing you need to do after an auto accident involving children is to call 911. Even if nobody looks injured, you still need to seek out medical care since many injuries aren’t immediately noticeable. Doing so also ensures you are creating a paper trail regarding injuries and medical expenses.
- Exchange information: You will need to exchange personal and insurance information with the other driver. But make sure you do not discuss the details of the accident with the other driver, as anything you say could be used against you later on.
- Document evidence: If possible, it is also recommended that you start documenting evidence directly after the accident. Take photos and videos of the scene and any injuries, and if there are nearby witnesses, get their contact information.
- Hire an attorney: Another step you need to take after a car accident involving a minor is to seek legal representation. An auto accident attorney will have experience with these types of accidents and can help you with every step of the process if your child has been injured.
Filing a Claim on Behalf of a Minor
For car accidents that involve minors, the parents will need to file a personal injury claim on behalf of the child. The good news is that the process of doing this is very similar to any other type of personal injury claim.
The most important step is to make sure you document everything. Collecting as much evidence as possible establishes the extent of your child’s injuries as well as the potential for the injuries to impact them later on in life. This is one of the unique aspects of personal injury claims for children, as certain injuries can continue to impact them as they grow.
Here are some examples of the types of evidence you should collect:
- Photos of the accident scene.
- Photos of your child’s injuries.
- Dashcam or surveillance footage of the accident.
- The police report.
- Witness statements.
- Expert testimony.
- X-rays, MRIs, or other forms of medical diagnosis.
- Doctor’s notes.
- Medical bills.
You should also take the additional step of hiring a personal injury attorney in Vancouver, who will be able to help you with the entire claims process. From there, all you need to do is fill out and file the claim and your attorney will handle negotiations on your child’s behalf.
Damages Available to Minors After a Car Accident Involving Injuries
Children have the same access to damages as adults when it comes to injuries as a result of a car accident. In fact, depending on the extent of the injuries, children may even have a better chance of receiving a larger settlement.
Here are the economic and non-economic damages your child could potentially receive:
- Medical expenses
- Loss of quality of life
- Emotional distress
- Physical pain
- Disability and disfigurement
- Loss of earning potential
- Long-term care cost
- Pain and suffering
Statute of Limitations For Minors
Personal injury cases come with strict statute of limitations, limiting the amount of time you have to file the claim. Usually, this timeline is three years from the date that the accident occurred.
However, if a minor is involved in the crash in Washington, there are two options available. The first option allows parents or the legal guardian of the child to file the personal injury claim on their behalf within this three-year deadline. Or, this can be postponed until the minor turns 18 years old.
Keep in mind that if the minor waits until they’re 18 years old, they will need to file their claim within three years of the date that they turned 18.
Both options come with pros and cons that are very dependent on the type of accident and the extent of the injuries. Some factors to keep in mind include the potential for evidence being lost if you wait until your child turns 18. However, waiting also allows injuries to develop as your child grows, which can improve their chances of getting a fairer settlement.
Hire an Experienced Auto Accident Attorney at Henderson Taylor Law Firm
For children injured in rear-end collisions and other types of auto accidents, there are several legal options available. Although minor may not be able to handle a personal injury claim on their own, you, as the parent, can do this for them.
At Henderson Taylor Law Firm, our experienced auto accident lawyers are committed to defending the downtrodden and can help parents file a personal injury claim for their children. For expert legal representation from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
FAQ Section
Can I file a lawsuit for my child’s injury?
Minors cannot file personal injury claims on their own, so either a parent or a legal guardian will have to do this for them unless they wait until they turn 18.
Who approves a settlement involving a minor?
Unlike most standard personal injury claims that come down to negotiation, claims involving minors must be reviewed and approved by the Washington court. This ensures that the outcome is fair and fully covers the child’s injuries.