Adults living in Washington state are exposed to certain risks every day. That car ride to work or school could result in a rear-end collision. A trip to the supermarket might leave you on your back after a painful slip-and-fall. A walk in the park could lead to an encounter with a dog and a bite wound, or a collision with an automobile. Unfortunately, children are subjected to these same dangers and perhaps face even more risk than adults. Negligence of individuals, property owners and businesses is often to blame for putting a young victim in jeopardy.

Under Washington law, minors can seek compensation after getting hurt as the result of someone’s carelessness. However, courts want to make sure children understand any personal injury settlement their parent or guardian may sign on their behalf. That’s why there are special laws in place to protect minors in these situations in Washington state.

Hagens Berman is committed to protecting minors and making sure they receive the care they need following an injury. Our personal injury legal team strives to make sure young victims and their families can voice their concerns in a safe environment and are compensated fairly. Hagens Berman goes after those responsible for accidents that harm children and does so in a way that creates as little stress and strain on the victim as possible.

MINOR’S COMPROMISE PROTECTION FOR CHILDREN IN WASHINGTON

Washington lawmakers have set out to protect minors (those under the age of 18) who suffer a personal injury. The Minor’s Compromise was enacted to ensure any agreement children – or guardians representing them legally – enter into after an accident won’t become a detriment to the child in the future.

The Minor’s Compromise safeguards a young victim’s interests by requiring a judge to approve any accident settlement involving a child. This approval must be granted whether or not the personal injury case was filed in court. The court determines if the terms of the settlement are adequate for the child now and in the future.

Accepting a settlement as a child will likely prevent victims from asking for more support related to the same event or aftermath once they become adults. As such, the judge advocates for the child and ensures the settlement resolution will not adversely affect them when they turn 18.

WHAT IS THE SETTLEMENT GUARDIAN AD LITEM?

A Settlement Guardian Ad Litem (SGAL) is appointed to each personal injury case involving a minor to aid the child and the judge in determining the best outcome for the young victim.

The SGAL collects the details of the child’s accident, insurance documents, health records, and gets a sense of the child’s home environment. The SGAL uses this information to prepare a report for the judge. The judge uses this report to help decide if an insurance settlement goes far enough and should be approved.

WHERE DOES THE COMPENSATION IN A MINOR’S COMPROMISE GO?

A judge also decides when the young victim receives their settlement money. Since the purpose of a Minor’s Compromise is to protect the child, it is vital that any awards gained through a settlement or a judgment are used to the benefit of the child or protected until the victim is of age to properly utilize the money.

The court will make sure certain goals are satisfied while deciding how and when the money is distributed:

  • The awarded money must only benefit the minor.
  • The awarded money first goes to ensure the child has basic necessities.
  • The remaining money is set aside for the child until they turn 18. Funds are placed in an account or annuity that earns interest.

HAGENS BERMAN ADVOCATES FOR THE RIGHTS OF CHILDREN INJURED IN ACCIDENTS

If your child has been seriously hurt in an accident due to someone else’s negligence, please consult with Hagens Berman.

Hagens Berman’s personal injury attorneys have a long, successful track record in litigating personal injury cases involving children. We work with victims and their families to achieve fair treatment from insurance companies and the court system.

We also understand how demanding these cases are for young people and their families.  Hagens Berman makes it a priority to simplify and expedite the process so that families can focus on helping their child heal and returning to normal life.

Contact a Washington personal injury attorney today for a free and confidential case evaluation for your family.