Children Testifying in Court

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 always determine whether a child can or should testify. But in Florida, the admission of testimony by children under age 6 is within the discretion of the trial court. Children under the age of 6, or even those who are older, 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
   
   
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.

Child Injury Claims and the Likelihood of Going to Court

It's important to remember that most child injury cases settle without going to court or trial. For example, most personal injury cases settle, roughly only 1 in 10 will ever be tried to a jury.

The likelihood of a personal injury case involving a child going to trial is often even smaller. Of course, the chances depend on the case circumstances.  If the child injury claim has strong evidence of liability against the negligent party, and the injuries are fairly serious and supported by the medical doctors, then chances of settlement are usually high.

Despite the low probability of a child injury case ever going to court, we prepare our child injury claims as if it were going to trial. Insurance companies and their attorneys will not agree to pay a valuable settlement offer unless they are convinced that there exists a strong possibility of a jury awarding much more money if the case goes to trial.

If your child has been seriously injured in an auto accident, car crash, birth injury, or by a defective children's product or dangerous toy, then contact a dedicated personal injury lawyer (and concerned parent) at our firm for a caring, compassionate, and honest review of your child injury claim.