A personal injury claim is a lawsuit filed because an individual was injured by the wrongful actions of a company or person. When the individual is a child and not an adult, it’s important to understand a child injury claim. For example, Washington state has Statute of Limitations regarding how much time a person has to file a lawsuit. The timeline is strict. The statute of limitations changes in a child injury claim.
Statute of Limitations is Stopped in a Child Injury Claim
In Washington, the statute of limitations is three years from the date of the accident. However, in a child injury claim, the three-year time period is delayed. This means that it doesn’t start until the child turns 18 years old. Once the child is 18 years old, they have three years to file a lawsuit. After their 21st birthday, the lose the right to file their child injury claim. However, parents have the legal right to file the claim immediately after the accident occurred.
Parents and Guardians Can File a Child Injury Claim
A child can’t file a lawsuit on their own when they are under the age of 18 years old. However, their parent or guardian appointed by the court can file a lawsuit. This means a parent or a guardian can hire a personal injury attorney everett wa to try or settle their child injury claim. Since a child injury claim requires a lot of investigation, it’s important for an attorney to conduct the investigation ASAP. Child injury claims are complex and may take weeks or even months to finish.
Filing a Pleading, Summons and Complaint for a Child Injury Claim
Once a parent or guardian hires an attorney, a lawsuit can be filed on behalf of the child. This involves filing a petition. A petition starts the lawsuit and places the wrongful party on notice that they must fight the case. In addition to the petition, a pleading is filed too. A pleading includes a summons and complaint which outlines how and why the defendant is liable for a child’s injury.
For example, a summons let’s the wrongful party know that they are being sued and they have a limited time to respond to the lawsuit. The complaint describes the cause of action or legal reason why the wrongful party is must pay damages for the child’s injuries. A “cause of action” means there must be a legal reason and supporting evidence to support the lawsuit. Filing the summons and complaint requires a filing and court fee.
Seek Help with A Child Injury Claim in Washington State
A child injury caused by a company or person is a serious, complex situation. It means that a child may need medical assistance such as therapy to help recover from the injury they sustained. To understand more about child injury claims, speak to a personal injury attorney. An attorney will inform a parent or guardian the requirements needed to file a lawsuit or settle a lawsuit.
