What to Do When Your Child is Injured in a Car Accident

When your child is injured in a car accident, they may be entitled to compensation for their injuries, just like an adult. However, the claims process for children comes with some unique differences. Understanding these differences can help you navigate the process and ensure your child receives a fair settlement.

Before we dive into the details, know that our team is here to help. It’s always free to speak with one of our lawyers to see if we can assist you. There’s no risk, and all conversations are completely confidential.

The Role of the Parent in the Claims Process

As a parent, you are your child’s greatest advocate following an accident. Your role is important to both your child’s physical recovery and their emotional well-being. You also play a key part in securing the compensation they deserve.

Here are some ways you can help your child navigate this difficult time:

Getting the medical care they need: Seeking immediate medical attention for your child is essential for their health and well-being.
Meeting their emotional needs: Provide emotional support and consider counseling if needed to help your child cope with trauma.
Providing security and normalcy: You can help restore a sense of normalcy by maintaining their daily activities as much as possible.
Documenting injuries and recovery: Keeping detailed records of your child’s medical treatment, doctor’s visits, and is important evidence in building a strong case for compensation.

Beyond these immediate steps, you also play a key role in securing fair compensation for your child’s injuries, pain, and suffering. Bringing an injury lawyer into the conversation can help ensure that all legal aspects are handled properly.

Get Your Child Prompt Medical Treatment

The most important step after an accident is getting your child prompt medical care. While this might seem obvious, there are times when medical treatment is delayed for various reasons.

Taking your child to a doctor or hospital as soon as possible matters for several reasons:

Immediate care for injuries: Emergency treatment can address injuries right away and prevent complications.
Understanding the recovery process: Medical professionals can guide you through what to expect as your child heals.
Documenting the injuries: Medical records serve as critical evidence for any injury claim.
Establishing the claim’s necessity: Early treatment shows the connection between the accident and the injuries.

Young children may not always know how to describe their symptoms after a crash. A skilled doctor can ask the right questions and assess injuries your child may not be able to express.

Filing the Claim with the Insurance Company

As a parent or guardian, you can file an injury claim on behalf of your minor child. This process allows you to seek compensation for their medical expenses, pain, and suffering. However, many insurance companies may pressure you to settle quickly.

It’s understandable—facing mounting medical bills and other expenses can make a quick payout feel like a relief. But here’s something you should know: once you settle on your child’s behalf, you cannot go back later to request more money, even if future medical needs arise.

This is why it can be worthwhile to involve a personal injury lawyer, especially if your child required extensive medical care, such as hospitalization or surgery. A lawyer can:

Accurately assess the full scope of your child’s medical needs and future care.
Handle negotiations with the insurance company to secure a fair settlement.
Take the legal stress off your plate so you can focus entirely on helping your child recover.

A lawyer’s support can make a significant difference in ensuring your child receives the compensation they deserve while allowing you to prioritize their well-being.

Settlement Guardian at Litem (SGAL) and Minors

One of the key differences in the settlement process for minors involves Washington State Superior Court Special Proceedings Rule 98.16W. This rule generally requires a Settlement Guardian ad Litem (SGAL) to be appointed to review the settlement on a minor’s behalf—even if a lawsuit hasn’t been filed.

What does that mean? Think of an SGAL as an impartial third party whose job is to act in the best interest of your child. They will:

Review your child’s injuries.
Assess the proposed settlement.
Make sure the settlement is fair and meets your child’s current and future needs.

In some situations, the court may waive the requirement for an SGAL. For example, if the settlement amount is small or the child is already represented by an independent attorney with no conflicts of interest. That said, appointing an SGAL is common, particularly when your child is receiving a substantial settlement.

If you’re working with an injury lawyer, they can often help locate a qualified SGAL and guide you through this part of the process.

Settlement Options for Minors

Washington State has safeguards in place to ensure any settlement funds awarded to a minor are used for their benefit.

What if you need access to the funds to cover medical bills?
In some cases, the court may allow a portion of the funds to be used for immediate expenses, like paying your child’s medical bills. Be ready to provide documentation, such as invoices or receipts, to show how the money will be spent.

What happens to the rest of the settlement?
If the settlement amount is significant, the court may require the funds to be set aside in one of two ways:

Blocked Account: The money is held in an account that can’t be accessed until your child turns 18. At that point, they’ll have full access to the funds.
Structured Settlement: Instead of receiving the entire amount at once, your child will get periodic payments starting when they turn 18. This option can help protect the funds from being spent too quickly and may be especially helpful if your child has ongoing medical needs.

Be sure to discuss your options with your lawyer. They can guide you through the process and help ensure the settlement works in your child’s best interest. The SGAL may also play a role at this stage, offering advice and oversight to ensure the funds are managed appropriately.

Free Legal Consultation for Parents of Minors

Remember, it’s completely free to speak with one of our lawyers about what happened to your child. If we can help, we only charge a fee if we successfully secure a settlement for your child. That means there’s no upfront cost or bill from our office.

To get started, just call us at (253) 272-5226 or fill out the quick form on our contact page. We’re here to help.