If a lawsuit has been filed to recover financial payment for the child's injuries, that child may be called to testify in court. However, most cases spicy 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 rule either 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.
Attorney Washington
Generally, a child may be held competent to testify if that child (1) understands the compulsion to speak the truth on the study stand; (2) has the reasoning capacity, at the time of the occurrence concerning which the child is to testify, to receive an correct impression of it; (3) has a memory adequate to reserve 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 uncomplicated questions about the occurrence. The final estimation of either the child is competent to testify will rest with the judge, who will value and listen to the child, as well as consider the child's demeanor and manner of testifying.
Likelihood of Going to Court It's leading to remember that most child injury cases do rule without going to court or trial. Statistically speaking, the chance that a typical personal injury case will go to trial is extremely small, probably less than 5% of all cases. I believe that the likelihood of a personal injury case spicy a minor child will go to court is even smaller. This assumes however that the evidence of liability against the defendant is strong and the injuries are fairly serious and supported by the healing doctors and other experts involved in the case. Despite the low probability of a child injury case ever going to court, I have found however that the case must be wholly prepared as if it were going to trial. Insurance fellowships and their attorneys will not agree to pay a premium community offer unless they are convinced that there exists a strong possibility of a jury awarding much more money if the case goes to trial. A case that has been competently and wholly prepared will therefore increase the likelihood that the case will rule short of trial.
Children Testifying in Court in Child Injury Cases