Can A Child File A Lawsuit For Injuries In The State Of Washington?
A child can suffer injuries in many ways, from playground accidents to auto collisions. When a child is injured due to negligence or recklessness, parents may have the option of filing a lawsuit on behalf of their child. But can a child file a lawsuit on their own? If not, how old does a person need to be to have a right to sue on their own behalf?
If your child suffered injuries because of someone else’s negligence, you might want to explore your legal options by contacting our lawyers at Emerald Law Group. Our Seattle child injury lawyers help parents pursue legal action against those whose negligence or recklessness caused injuries to their children.
Can Minors Sue for Injuries in Washington?
In Washington State, minors (persons under 18 years of age) generally cannot file a lawsuit in their own name. Instead, a parent or guardian brings the claim on the child’s behalf. Once the child turns 18, they can file on their own. Minors can also be sued, and a parent or guardian must act as their representative in that case.
Can Parents File a Lawsuit on Behalf of Their Child to Sue for Injuries?
Yes. Parents or legal representatives are able to file a lawsuit on behalf of their child if the child has been injured due to someone else’s negligence or recklessness. The parents must provide proof that the injury was caused by another person’s actions or inaction and that it resulted in damages such as medical costs or emotional distress.
It is important that this type of lawsuit is filed within the statute of limitations (the time limit set by law during which an action may be brought). Generally, injured victims have three years to sue the negligent party for injuries in the state of Washington (RCW § 4.16.080).
What Is “Tolling” of the Statute of Limitations?
Tolling pauses the statute-of-limitations clock. Under RCW 4.16.190, the clock is paused while the injured person is under 18, so a child generally has until three years after turning 18 to file a personal injury lawsuit.
Essentially, it means that the statute of limitations – three years for personal injury cases in Washington – does not start to run until after the child turns 18. Tolling can also apply if the injured person is legally incompetent.
Consult with a Child Injury Lawyer
When a minor suffers an injury due to someone else’s negligence or recklessness, it can be difficult for them to seek justice on their own due to legal restrictions regarding minors filing lawsuits in Washington state.
If you believe your child has suffered an injury due to someone else’s negligence and would like more information about your options for pursuing legal action, contact our skilled lawyers at Emerald Law Group. We can help guide you through this process and ensure that your rights are protected every step along the way. Get a free case evaluation by calling 206-826-5160.
Source:
apps.leg.wa.gov/rcw/default.aspx?cite=4.16.080
