My 7-year-old child was playing in our front yard when she ran into the road after a ball and was hit by an oncoming car and she sustained serious injuries. Can I still sue even though she is partially at fault?
I have a trampoline and very large play set in my backyard so most of the neighbor kids come over to play and sometimes they come over when neither my husband or myself is at home. If one of the kids falls and hurts themselves when we are not home, what would my responsibility be?
What Kind Of Future Problems Can I Expect From The Recent Traumatic Brain Injury Suffered By My Young Child?
Recent studies have shown that children that suffer from a traumatic brain injury can show signs of trauma years after the actual accident. Depending on the area of the brain that was most injured this can have significant consequences later on down the road. An example of this would be a child that sustains damage to their frontal lobes before they have had a chance to fully develop having difficulties relating to others because the frontal lobes control interpersonal skills.
If your child sustained a traumatic brain injury at the hands of another person’s negligence it is critical that you call a Washington State personal injury lawyer to help you get your child the settlement they deserve.
Generally it is very unlikely that a child injury case will make it to court, they generally settle before it gets to that stage. If the evidence proves that liability is solely the defendants fault and the injuries sustained are serious than it is even more likely that you will settle out of court.
The answer to this question is based on many different factors, such as your child’s age at the time of the accident and also their mental capacity. In Washington State we have comparative negligence, meaning that fault can be divided between the parties involved in the accident. Comparative negligence means that technically a child can be held partially or wholly responsible for their injuries.
In Washington State a child under the age of 6 cannot be held liable for any injuries sustained, meaning that the child will be deemed fault free when deciding who was responsible for the child’s injuries.
Children 6 years and older can be deemed negligent which could make them legally responsible for injuries sustained. While this may seem harsh, Washington State law does include that children cannot be judged by the same standards that are used to judge adults. Your child could be deemed negligent if they fail to exercise the same amount of ordinary care that another child of the same age and mental capacity would reasonably take in the same situation. So an 8-year-old child can’t be held to the same standards as an 11-year-old because they are at different developmental stages in their life. This same standard is in place for children with special needs or that are mentally disabled and also for advanced children that function at a higher level of intelligence than normal children at their age.
Yes, it is difficult to diagnose traumatic brain injury at any age. Often symptoms will be masked by other injuries that your child is suffering from like headaches, depression, anxiety etc. Or the physician may focus more on the observable physical injuries like broken bones. In some cases traumatic brain injury may not be diagnosed for weeks or even months after the date of the accident.
My Child Was Playing At School And Was Injured While On The Playground. I Believe That The Injury Is Due To Faulty Equipment, But How Would I Go About Proving This?
In this case you would need to hire an expert that would be able to look at the equipment and make a decision. A Seattle area injury lawyer would be able to find the right expert to prove that the equipment was faulty and get you and your child the settlement that you deserve.
First and foremost take care of your child’s needs. Make sure that they receive immediate medical attention and that your child is as comfortable as possible.
Next, try and get together as much information and evidence as you can pertaining to the accident. This should include: police reports, witness names and contact information, photographs of the scene, photos of your child’s injuries and insurance information from the negligent party.
Then, Contact a Washington state personal injury lawyer for a free consultation. If your child’s injuries are serious enough it may be necessary to hire a lawyer to get the settlement that your child deserves.
My 7-Year-Old Child Was Playing In Our Front Yard When She Ran Into The Road After A Ball And Was Hit By An Oncoming Car And She Sustained Serious Injuries. Can I Still Sue Even Though She Is Partially At Fault?
Yes, but the degree to which your child will be held responsible will vary depending on their age. If your child is under the age of 6 they are declared to be legally incapable of being negligent, so if your child is under 6 years old they cannot be even partially at fault. For children 6 and over their level of negligence will again be based on age and mental capacity. In this case a judge or jury will decide the level of fault that will be placed with the child.
Yes. In the rare event that we have to go to trial I would like to know how you and your child interact and get an idea of your child’s behavior so I know how they generally act. I would also like to be able to see how extensive their injuries are.
I Have A Trampoline And Very Large Play Set In My Backyard So Most Of The Neighbor Kids Come Over To Play And Sometimes They Come Over When Neither My Husband Or Myself Is At Home. If One Of The Kids Falls And Hurts Themselves When We Are Not Home, What Would My Responsibility Be?
It is very unlikely that you would be held responsible in this case. Your responsibility is to ensure that the play set and trampoline are put together properly and are safe. Make sure that you have followed all instructions carefully and that everything is put tightly into its proper place. The only way you could be held liable for the injury would be if you had been negligent when putting together the play set and trampoline.
You may have coverage for such an instance under your homeowners insurance that would pay for medical coverage if needed.
In Washington State the statute of limitations for a personal injury claim is typically 3 years, children are the exception to this. For children the 3 years doesn’t begin until their 18th birthday, so technically they have until they are 21 to file a claim. However, even though it is allowed this is not a practice that I would recommend. If you child was injured when they were 5 it would not make sense to wait so long to file a claim and the judge and/or jury would wonder why you had waited to file.
If your child sustained serious injuries at the hands of another person’s negligence the best thing you can do is call a Washington personal injury lawyer immediately to find out the best way of handling your case.
Automobile accidents are a primary contributor to childhood and adolescent injuries. Injuries from playing on playground equipment is another common problem. Among young children, ingestion of household products is a major issue. Swimming accidents, traumatic brain injuries, and firework accidents also contribute to the roster of common childhood injuries. Simply put, children and minors are more prone to injury than adults, so parental supervision is essential to keeping them safe.
Child injury cases differ from normal injury cases in large part because a legal guardian needs to file the claim on behalf of the injured child. There is also a big difference when the injuries are so severe that there are potentially lifelong consequences. Experienced child injury attorneys like the ones here at Premier Law Group, understand the future costs that accidents can incur on a family and will be able to fight on their behalf to get the money they deserve. Lastly, it is very important for an attorney that represents injured children to be compassionate and understanding. Children should not have to be put in situations like this, and it is up to the attorney to make the process as easy for the child to understand.
While your case is being handled, make sure you continue seeking treatment for your injuries and follow your doctor’s instructions. Do not stop with your treatment without first consulting your attorney as this can hinder the progress of your case. Also make sure to mail copies of all insurance forms received and receipts for medications and tools necessary for your recovery.
Maybe, but it is very fact specific and is different for every single case. It also depends on how old your child is. The best thing to do would be to contact an experienced Seattle child injury lawyer that will listen to the facts of the case and help you decide whether or not you need an attorney to represent you.
Nothing. You don’t have to pay anything upfront. You hire us on a contingency basis, which means we don’t charge you anything unless we win your case. We even pay for all of the expenses associated with your case out of our own pocket. Also, if for any reason we don’t recover any money (for example if we find out later that the party at fault has no insurance), we still don’t charge you anything. However, when your case settles, we take a percentage of the settlement for our fees and costs. This percentage depends on whether your case resolves before litigation or after trial. Please note, however, that in Washington, the law requires that the client ultimately be responsible for reimbursing an attorney for costs advanced, even if the case is unsuccessful. Please contact us so that we can explain how this would work in your case.
Fortunately, you can change your lawyer anytime at absolutely no cost to you. All you have to do is call us and let us know. We will immediately send a letter to your former attorney. As soon as they receive our letter, by law they are immediately obligated to forward your file to our office. Also, they are forbidden to contact you. You are not even required to inform them of your decision. Of course, if they have done substantial work in your case, they are entitled to get a portion of our fees for their contribution. This will only affect our fees and will not change your recovery.