17th March 2009
Depending on which county the lawsuit is filed in, the discovery phase can take many months or sometimes more than a year. When discovery is completed, and each side knows what evidence will be offered at trial, this is the time when the parties may cond...
13th March 2009
The damages recoverable for the wrongful death of a child include medical, hospital, and medication expense, and the loss of consortium (love, companionship, services and support) that the child provided to the parents. The parents are also entitled to r...
10th March 2009
In the context of the specific wrongful death statute, the term "support" generally means to provide for a child's needs for housing, food, clothing, education and health care. Usually, a non-custodial father who is obligated by a court order to make chil...
09th March 2009
Nothing is perhaps more tragic or sad than the wrongful death of a child. As a parent myself, I cannot imagine anything much more painful than the thought of losing one of my own children. I can only guess how painful this loss must be for a parent. Th...
04th March 2009
The legal process for child injury claims differs from the legal process for cases brought by adults. For starters, a child under the age of 18 is considered a minor. In Washington, a minor cannot file a lawsuit on his or her own. This can only be done...
20th February 2009
Here are some of the tactics the adjustor will use to wear down injured claimants so they will accept much less money than what the claim is worth:
1. Using Delay Tactics. The adjustor is a master of using delay tactics to wear people down. He knows ...
02nd February 2009
If a lawsuit has been filed to recover financial compensation for the child's injuries, that child may be called to testify in court. However, most cases involving children never go to court. So the chances that a child will be forced to testify in cour...
02nd February 2009
Unfortunately, brain injuries are very common with children who are victims in accidents. According to the Centers for Disease Control, nearly one million children suffer a traumatic brain injury (TBI) each year. More than 100,000 of these children req...
28th January 2009
Usually when a child has been injured in an accident, the conduct of the child's parents is called into question. Typically the insurance company will try to argue that the child was injured in large part due to the parents' failure to adequately supervi...
26th January 2009
Washington's law of comparative negligence means that the proportionate share of fault of all potential negligent parties must be considered, even if it involves the conduct of a child. This means a child can be held negligent and therefore wholly or par...
22nd January 2009
In those cases where a child has been injured by a negligent party with insurance, the parents will at some point have to deal with the insurance company. Parents will need to address questions of liability and damages, including payment for past and fut...
21st January 2009
The Acid Test: Does a Legal Claim Exist? A child may have a legal claim arising from an injury accident. A legal claim arises when the child is entitled to compensation for the injuries and damages proximately caused by the accident. Whether a child has...
20th January 2009
In Washington, there is an exception to the rule of comparative fault. That exception occurs when the injured child is considered fault-free. In that situation, if there are multiple negligent parties who have caused injury to the child then each of the...
16th January 2009
The CDC reports that there are on average nearly 10 drowning accidents occurring every day. More than one in four fatal drowning accidents involve children ages 14 and younger. For every child who drowns, there are at least 4 others who visit the emerge...
13th January 2009
Every state, including Washington, requires the use of approved child safety seats for children under the age of 5. According to NCSA there is only a 90% compliance rate with respect to using approved safety seats for children under this age. The Washin...