What Should Parents Do When Their Child is Injured in an Accident?

There is no feeling more terrifying for a parent than seeing their child in harm’s way. A car accident is already a traumatic event, but when your child is in the car and suffers an injury, the fear and helplessness can be overwhelming. In the chaotic aftermath, your only focus is on your child’s well-being. But as a parent, you are also their primary protector and advocate, and the steps you take in the hours and days following the crash are critical for both their physical recovery and their legal rights.

Navigating this process involves more than just dealing with your own shock and injuries; it requires you to be a careful observer, a diligent record-keeper, and a fierce advocate for your child, who may not be able to communicate the full extent of their pain and suffering. The legal system in Washington State has special protections in place for injured minors, and understanding your role as a parent is the first step.

Useful Information for You: In a Nutshell

• Prioritize Medical Care Above All Else: Take your child to the ER or a doctor immediately, even if they seem fine. Children’s symptoms can be different from adults’, and some injuries are not immediately visible.
• Be Your Child’s Voice and Observer: Children, especially young ones, can’t always articulate their pain. You must carefully observe and document any changes in their behavior, sleep patterns, or mood.
• Preserve All Evidence: Keep a detailed file of everything, including medical records, bills, and a journal of your child’s recovery journey.
• Understand the Legal Process is Different: A parent or guardian must handle the claim on the child’s behalf, and any final settlement must be approved by a Washington State court to ensure it is in the child’s best interest.
• Do Not Rush to Settle: A child’s injuries can have long-term developmental impacts that aren’t immediately known. It is crucial not to settle their claim too early.

Step 1: Immediate Medical Attention is Non-Negotiable

This is your first and most important duty. After an accident, you must have your child evaluated by a medical professional, even if there are no visible injuries.

• Go to the Emergency Room or Urgent Care: Don’t wait. Adrenaline can mask pain, and serious injuries like concussions or internal injuries may not have immediate, obvious symptoms.
• Tell the Doctors Everything: Describe the details of the crash (e.g., the speed, the point of impact) to the medical staff. This helps them look for common accident-related injuries.
• Follow All Medical Advice: Diligently follow the doctor’s treatment plan, whether it’s attending follow-up appointments, seeing specialists, or administering medication.

Step 2: Become a Diligent Documentarian

Because your child may not be able to say, “My back hurts at a level 7 out of 10,” you must become the primary witness to their suffering. Start a journal immediately and keep detailed notes on:

• Physical Symptoms: Document any complaints of pain, headaches, or dizziness.
• Emotional and Behavioral Changes: This is crucial for children. Are they having nightmares? Have they become fearful of cars? Are they suddenly more irritable, withdrawn, or anxious? Are they regressing in their behavior (e.g., bedwetting)?
• Impact on Daily Life: Note any changes in their school performance, their interactions with friends, or their inability to participate in sports or hobbies they once enjoyed.

This journal will be invaluable evidence when it comes time to demonstrate the full extent of your child’s “pain and suffering” to an insurance company.

Step 3: Understand the Unique Legal Process for Minors

A personal injury claim for a child in Washington is handled differently than a claim for an adult.

• A Parent Acts on Their Behalf: As the parent or legal guardian, you will manage the claim.
• Court Approval is Required: You cannot simply accept a settlement from an insurance company. A judge must formally approve any settlement to ensure it is fair and adequate for the child’s needs. The settlement funds are typically placed into a blocked trust account that the child can only access when they turn 18. This protects their financial future.
• The Clock is Paused: The three-year statute of limitations to file a lawsuit is “tolled” (paused) for a minor. The clock doesn’t start running until the child’s 18th birthday.

Seeing your child injured is a parent’s worst nightmare. Navigating the complex legal and medical systems on their behalf while also managing your own recovery can feel impossible. You don’t have to do it alone. If your child has been injured in a car accident in the Tacoma area, search the Car Accident Lawyer Directory Tacoma. Compare profiles and reviews of experienced local attorneys who specialize in minor injury claims and can guide you through every step of the process with compassion and expertise.

References

• Washington State Courts – Superior Court Rule (SPR) 98.16W – Settlement of Claims of Minors:

  The official court rule that outlines the entire process and legal requirements for getting a minor’s personal injury settlement approved by a judge.

  https://www.courts.wa.gov/court_rules/pdf/SPR/GA_SPR_98_16W_00.pdf

• Washington State Legislature – RCW 46.61.687 – Child passenger restraint systems:

  The official state law that details the car seat and booster seat requirements designed to protect children in vehicles.

  https://app.leg.wa.gov/RCW/default.aspx?cite=46.61.687

• Seattle Children’s Hospital – Post-Traumatic Stress Disorder (PTSD):

  A reputable local medical resource explaining how trauma can affect children, which is relevant for documenting a child’s emotional distress after an accident.

  https://www.seattlechildrens.org/conditions/ptsd