A driver runs a red light near Division and Indiana, and a nine-year-old in the back seat breaks an arm and needs surgery. The other driver’s insurance company calls the parents within a week and offers a number. That number doesn’t work the same way it would for an adult. Washington law says a court has to approve a child’s settlement before anyone gets paid, and parents can’t just sign a paper and cash a check on their kid’s behalf. Spokane injury lawyers from Sargent Law Firm see this happen a lot: a family thinks the process is simple, then learns the court has its own steps first.
A Child’s Case Follows Different Rules
Kids can’t sign a legal contract, and a settlement agreement is a contract. So Spokane County Superior Court picks someone to speak up for the child, separate from the parents. That person is called a guardian ad litem. They look at medical records, ask if the child still has pain or scars, and tell the judge what they find before any money changes hands.
Why Does a Court Have to Sign Off?
Because the child never agreed to anything themselves, and the law wants proof the money actually matches the harm. A judge checks the medical bills, any insurance debts owed, and the lawyer’s fee before approving anything. Unfortunately, sometimes parents want fast cash for something that has nothing to do with the injury. The court steps in to stop that.
The Money Often Gets Locked Up for Years
Small settlements might go into a bank account the child can’t touch until they turn 18. Bigger settlements often turn into scheduled payments instead, sent out at set ages like 18, 21, and 25. So a kid hurt on a bike near Riverside State Park at age seven might not see any money until they graduate high school. That’s on purpose.
Costs the settlement should cover:
- Medical bills – Hospital stays, X-rays, casts, and any follow-up visits or surgery already done or planned.
- Future care – More physical therapy, a second surgery once the child stops growing, or dental work for a cracked tooth.
- Pain the child felt – Money for the hurt and fear the injury caused, based on how bad it was and how old the child is.
- Missed chances – Payment if the injury keeps the child from sports, school activities, or a job later in life.
Washington’s Deadline Works Differently for Kids
Adults in Washington usually have three years to file a personal injury lawsuit under RCW 4.16.080. Kids get more time. RCW 4.16.190 pauses that clock while the injured person is under 18. So a toddler hurt at daycare might have until close to their 21st birthday to file, not three years from the day it happened. A lot of parents don’t know this, and they end up talking to an insurance adjuster who does. Spokane injury attorneys watch for that gap all the time, because insurance companies count on parents not knowing their child’s real deadline.
Steps Parents in Spokane Should Expect
The court process has a set order, and skipping a step just slows things down. Most families move through four stages from the first doctor’s visit to the final check. None of it happens overnight, and that’s normal for a case involving a child.
- Collect the paperwork – Every hospital bill, prescription, and missed school day tied to the injury.
- File with the court – Ask Spokane County Superior Court to approve the settlement.
- Meet the guardian ad litem – Answer their questions honestly about how the child is doing.
- Wait for a hearing – Get the judge’s written okay before any money moves.
Talk to Someone Before You Sign Anything
A child’s settlement in Spokane isn’t a quick handshake deal. It takes court approval and often years of waiting before the child sees any money. Talk to someone who handles these cases before you agree to a number.
