Q: My child suffered injury in an accident. Is my child’s testimony required in an injury claim?
Child testimony might be required in court for a case involving the child’s accident and injury but it’s unlikely to happen. That’s because a lot of child injury cases – and other personal injury cases – settle before reaching the courtroom. Even when the cases do go to court, the parents and witnesses, rather than the child, may provide the testimonies.
Determining the Validity of Child Testimony
When deciding whether or not to allow/request a child to testify, age might influence the court’s decision, but it’s not the final deciding factor. The court is allowed discretion as to whether or not a child’s testimony is valid and admissible.
Some issues the court may consider when determining if a child should testify in the injury case are listed below.
- whether the child understands what it means to be under oath.
- whether the child has the ability to understand and remember the event that caused the injury.
- and, whether the child is capable of expressing him/herself to answer questions.
It’s unlikely that a child will have to testify in a child injury case, but you can direct your questions and concerns with your attorney. Even though most cases settle out of court, a good attorney will be thoroughly prepared for trial, should an agreement not be reached.
Your attorney will be able to help your family prepare for court if need be, and can walk you through the legal process so that you’ll know exactly what to expect.
Consult an Attorney in Atlanta about Your Child Injury Claim
If you need to speak to an attorney about a claim involving child injury, and whether child testimony might be required, call Law Office of Jason R. Schultz in Atlanta for a free consultation. We can help with every step of the claim process. Contact us at 404-474-0804 to speak to one of our team members today.