Children Testifying in Court for Personal Injury Cases

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 court are extremely low. 

The age of the child does not necessarily determine whether a child can or should testify.  But in Washington, the admission of testimony by children under age 10 is within the discretion of the trial court.  Children under the age of 10, who appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly, may not be considered competent to testify.  

Generally, a child may be held competent to testify if that child (1) understands the obligation to speak the truth on the witness stand; (2) has the mental capacity, at the time of the occurrence concerning which the child is to testify, to receive an accurate impression of it; (3) has a memory sufficient to retain an independent recollection of the occurrence; (4) has the capacity to express in words a memory of the occurrence; and (5) has the capacity to understand simple questions about the occurrence. The final determination of whether the child is competent to testify will rest with the judge, who will evaluate and listen to the child, as well as consider the child’s demeanor and manner of testifying.

Seattle Attorney Helps Injured Children In Washington State

Christopher M. Davis has been a licensed attorney in the state of Washington since 1993 and is the founder of the Davis Law Group.  He has tried dozens of personal injury cases to verdict and has successfully handled and resolved hundreds of accident claims, many of which involve children. 

Davis Law Group founder Christopher Davis is recognized as one of the Puget Sound area's most innovative and experienced personal injury lawyers, solely devoting his practice to personal injury cases such as: car and truck accidents, wrongful death, and medical malpractice cases.