Finding the right attorney for your child's injury affects more than the outcome of one case. Washington gives an injured child protections an adult does not get, including extra time to make a claim and a judge's review of any settlement, and an attorney unfamiliar with those protections can cost your child money that should belong to them. Freeman Law Firm represents children injured by negligence across Tacoma and Pierce County and takes those cases on a contingency fee.

Call (253) 383-4500 for a free consultation. There are no upfront fees, and you pay nothing unless we win your child's case.

Child Injuries That Can Lead to a Lawsuit

Although there are many ways a child can be injured that have the potential to lead to a lawsuit, below are some of the more common types of injuries Freeman Law Firm encounters.

Daycare and school negligence. A daycare or school that fails to supervise children adequately, hires staff without proper screening, or ignores a known hazard can be held responsible for an injury that happens on its watch.
Playground and recreation equipment. Broken swings, exposed bolts, unsafe surfacing, and poorly maintained playground climbers cause a large share of childhood injuries in parks, schools, and apartment complexes.
Dog bites. Washington holds a dog owner responsible for a bite regardless of the dog's history, and children usually experience more serious injury as they are bitten in the face and neck more often than adults because of their height.
Swimming pools and open water. A pool or hot tub without a proper fence or cover can lead to a drowning or near-drowning injury in seconds.
Car crashes. A child riding as a passenger has no control over the crash and can suffer injuries a car seat or seat belt was not able to prevent.
Defective products and toys. A toy with small parts, a crib with a design flaw, or a piece of children's furniture that tips over can injure a child who used the product exactly as intended.

Do I Have a Case?

Generally, to have a viable case, someone else's negligence needs to have caused your child's injury. Washington law requires proof of four elements:

Duty. The adult supervising your child, or the business or property owner your child was on, owed a duty of reasonable care.
Breach. That duty was broken, whether through inadequate supervision, a hazard left unrepaired, or a rule that was not followed.
Causation. The breach caused your child's injury.
Damages. The injury produced medical bills, ongoing care needs, or pain your child would not otherwise have experienced.

Under the attractive nuisance doctrine, a landowner who keeps an artificial hazard that is likely to draw in children, like an unfenced pool, an old refrigerator, or unsecured construction equipment, has to take reasonable steps to protect against that risk even if the child was not invited onto the property. The doctrine applies to conditions the landowner created, not to a natural pond or other natural body of water.

Washington Requirements Unique to Child Injury Cases

A child injury case adds steps an adult case does not require:

A parent or guardian brings the case. RCW 4.08.050 requires every minor in a lawsuit to appear through a guardian. A minor age fourteen or older can apply for the appointment themselves; for a younger child, a relative or friend applies on their behalf, and the court appoints the guardian.
The court has to approve any settlement. Under Washington Special Proceedings Rule 98.16W, a settlement on behalf of a minor is not final until a judge reviews it. The court typically appoints a settlement guardian ad litem to investigate the injury, the medical prognosis, and the settlement amount, though it can skip that appointment if the child already has a guardian or independent counsel. Settlement funds go into the court registry, a blocked account, a trust, or a structured settlement annuity, rather than paid out directly to a parent.
The parent has a separate claim. RCW 4.24.010 lets a parent who supports the child recover the child's medical expenses and the value of the child's lost services, along with compensation to the parent for the loss to the parent-child relationship, and that claim is separate from your child's own claim.

How to Choose the Right Attorney for Your Child's Case

Ask each attorney you are considering the following questions before you sign anything:

What do the attorney's past clients say in their reviews?
Has the attorney taken injury cases to a jury, or only settled them?
Does the attorney have experience with the guardian ad litem and court approval process a child's settlement requires?
Will the attorney wait until your child's doctor has a clear picture of the long-term prognosis before valuing the case?
Who returns your calls, the attorney or a case manager you have never met?
Is the contingency fee percentage, and who pays case costs if you lose, in writing before you sign?

Look for a firm that not only has deep experience, but that will be your advocate every step of the way. Freeman Law Firm has decades of experience offering compassionate counsel and fierce advocacy, and ensures that your voice is heard and your needs are prioritized.

Take The Following Steps to Protect Your Child

Get your child examined, even if the injury looks minor. Things like growth plate fractures and head injuries in a growing child are not always obvious right away.
Follow every treatment recommendation and keep appointments. A gap in treatment gives the insurance company a reason to argue the injury was not significant.
Write down what happened while the details are fresh, including who was present, what warnings or supervision existed, and any statements made to you at the scene.
Photograph the hazard if one exists, like broken equipment, an unfenced pool, or a dog off its leash, before it can be repaired or removed.
Keep records of your own losses, including missed work to care for your child and any expenses insurance did not cover.
Call Freeman Law Firm before you sign anything from an insurance company or a school, daycare, or business. Washington law requires a judge to approve any settlement of your child's claim, so your signature alone cannot end it, but it can end your own separate claim as a parent and complicate your child's case.

The Case Process: What to Expect

Free consultation. You describe what happened to your child, and we tell you directly whether the case is one we will take.
Contingency agreement. You pay nothing up front, and no attorney fee is owed unless we recover compensation for your child.
Investigation. We gather the written report of the injury, photographs of the hazard, witness statements, and any maintenance, licensing, or supervision records for the property or business.
Treatment and documentation. Your child continues treatment with their doctors while we collect the medical records and bills as they are generated.
Demand. Once your child's doctor can speak to the long-term prognosis, we send a demand package that lays out the liability evidence and the full scope of your child's damages.
Guardian ad litem and settlement approval. We prepare the settlement petition and work with the settlement guardian ad litem when the court appoints one, so the process moves without unnecessary delay.
Negotiation, then a lawsuit if necessary. If the offer does not reflect the needs of your child's injury, we file in Pierce County Superior Court and prepare for trial.
The Closing Phase. This is the final phase of the claims process. Here, the focus is on the completion of settlement documents, collection of funds, and their disbursement. At Freeman Law Firm, Inc., we ensure a smooth and transparent process to finalize your claim.

How We Counter Insurance Tactics

In our experience, insurance companies use several tactics to try to pay the minimum amount possible:

The resilience argument. An adjuster may argue that children heal quickly and completely, which minimizes a valid concern about a growth plate injury or a developing brain. We rely on your child's treating physician and, where appropriate, a pediatric specialist to address how the specific injury affects a child's growth and development.
The supervision argument. A daycare, school, or property owner facing a claim may argue that a parent or other adult should have been watching more closely. We investigate things like the supervision ratio, staff training, and safety policies in place at the time.
The waiver argument. A business may point to a liability waiver a parent signed before an activity, like a gym class or a birthday party at a trampoline park. The Washington Supreme Court has held that a parent cannot waive a child's own future injury claim through a pre-injury release, so that waiver does not bar your child's case.
The low policy limit argument. A daycare or small business may carry limited insurance and argue the policy caps what your child can recover. We identify every source of coverage available, including the property owner's insurance and any umbrella policy.

How Does Compensation Work in Child Injury Cases?

A child injury case can produce two separate types of compensation.

Your child's compensation typically includes:

Past and future medical treatment, including care tied to the child's growth
Pain, scarring, and the loss of ordinary childhood activities
Reduced future earning capacity, for a lasting or permanent injury

Your compensation as a parent, under RCW 4.24.010, typically includes:

Medical expenses you paid or are responsible for
The value of the child's lost services to the household
Compensation for the loss to your relationship with your child caused by the injury

Because a child's settlement requires court approval, the amount your child ultimately receives depends on the settlement guardian ad litem's assessment along with the negotiated amount, and the court can adjust how the funds are structured to protect your child until adulthood.

Other Relevant Washington Laws

Extended Time to File: The Statute of Limitations for Minors

RCW 4.16.080 gives three years from the date of an injury to file a personal injury lawsuit in Washington. For minors, RCW 4.16.190 pauses the three-year deadline for as long as your child is under eighteen, a delay referred to as "tolling," so your child's own right to sue does not expire while they are still a minor. A parent can still bring the case earlier, on the child's behalf, years before the child turns eighteen.

Shared Fault in a Child's Case

Washington follows pure comparative fault under RCW 4.22.005. If your child's own conduct contributed to the injury, compensation is reduced by the percentage of fault assigned rather than eliminated, and recovery is still available even if your child is found more at fault than the defendant. A child under six cannot be assigned any fault at all under Washington law, and a child between six and seventeen is judged against how a reasonably careful child of similar age and experience would have acted, not an adult standard

Tacoma Child Injury FAQs

Can I settle my child's injury case myself?

No. Washington Special Proceedings Rule 98.16W requires a judge to review and approve any settlement of a minor's injury claim before the case can close.

What happens to my child's settlement money?

The court places the funds in the court registry, a blocked account, a supervised trust, or a structured settlement annuity rather than releasing them directly, so the money is protected until your child reaches an age set by the court order or turns eighteen.

Can I recover my own expenses if my child is hurt?

Yes. RCW 4.24.010 allows a parent who supports the child to recover the child's medical expenses, the value of the child's lost services, and compensation for the loss to the parent-child relationship, separate from the child's own claim.

Is a daycare or school responsible if my child gets hurt while in their care?

A daycare or school can be responsible when inadequate supervision, an unaddressed hazard, or a broken safety rule caused the injury. Responsibility depends on the specific facts, including the supervision ratio and safety policies in place at the time.

Does Trespassing Affect My Child's Case?

Not always. Washington's attractive nuisance doctrine can hold a property owner responsible for a hazard likely to draw in children, like an unfenced pool or unsecured equipment, even when the child was not invited onto the property.

What does a Tacoma child injury attorney cost?

Freeman Law Firm represents families on a contingency fee. The consultation is free, and no attorney fee is owed unless we recover compensation for your child. If we take your case, we will go over the specific fee arrangements.

Let Us Fight For Your Child

A serious injury can follow your child for years, and the compensation you recover should account for that. Freeman Law Firm has recovered compensation for injured children across Tacoma and Pierce County, and we fight as a fierce advocate for every dollar your child's case deserves. Call (253) 383-4500 now for a free consultation, and pay nothing unless we win.

References and Additional Reading

RCW 4.16.080, Actions limited to three years: https://app.leg.wa.gov/rcw/default.aspx?cite=4.16.080
RCW 4.16.190, Statute tolled by personal disability: https://app.leg.wa.gov/rcw/default.aspx?cite=4.16.190
RCW 4.08.050, Guardian ad litem for infant: https://app.leg.wa.gov/rcw/default.aspx?cite=4.08.050
RCW 4.24.010, Action by parent or guardian for injury to child: https://app.leg.wa.gov/rcw/default.aspx?cite=4.24.010
Washington Special Proceedings Rule 98.16W: https://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=SPR&ruleid=supspr98.16w
Cornell Law School Legal Information Institute, Attractive Nuisance Doctrine: https://www.law.cornell.edu/wex/attractive_nuisance_doctrine

Tacoma Child Injury Attorneys