A Highway 2 crash west of Libby resulted in the death of five people on Monday morning. Jack R. Flasche, 68, his wife Lois L. Flasche, 66, and their backseat passenger, 55-year-old Theresa C. Merritt – all of Troy – died in the accident. Sherry Lynn Thompson, 41, and her 10-year-old daughter, Kendra – both of Eureka – also died.

Thompson’s 16-year-old son, Braden, was transported to St. John’s Lutheran Hospital in Libby and then airlifted to Harborview Medical Center in Seattle. The teen was a front-seat passenger. As of presstime on Monday evening, his condition was unknown.

Rain poured on Troy and Libby emergency responders as they worked on scene. The accident forced officials to close both lanes of traffic for an extended period of time.

Bryce Ford of the Montana Highway Patrol said Thompson’s 2004 GMC Yukon sport-utility vehicle was traveling west on Highway 2 when the driver for an unknown reason lost control of her vehicle and slid sideways into the eastbound lane directly into the path of a 2004 Dodge Stratus driven by Jack Flasche.

Both vehicles collided at highway speed, Ford said. It was raining and the road was wet at the time of the accident, which occured at about 10 a.m., at mile marker 25.1 approximately six miles west of Libby.

Monday’s tragedy is the second on Highway 2 this month. On March 6, four people were killed in an accident near Happy’s Inn.

The cause was still under investigation at presstime Monday. Ford said excessive speed, alcohol or drugs do not appear to be factors in the accident pending toxicology results from the State Crime Lab in Missoula.

All three occupants in the Flasche vehicle were wearing seatbelts and the front airbags deployed. Two of the three occupants of the Thompson vehicle were wearing seatbelts.

If you have been injured in Bellevue car accident we can help you get financially compensated. Contact our Bellevue Car Accident Lawyer for a free consultation.

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Children have the same rights as adults with respect to personal injury claims arising from the negligence of others.

In Washington  the law is that persons under the age of eighteen (18) years do not have the legal capacity to enter into contracts. Likewise, individuals under the age of eighteen (18) do not have the capacity to settle their own personal injury claims.

In order for a minor (anyone under the age of eighteen (18) years) to file a claim in Court, the claim must be filed through a Guardian Ad Litem. The Guardian Ad Litem, usually one of the minor’s parents, will file suit as the minor’s Guardian Ad Litem.

All settlements of a minor’s personal injury claim must be approved by a Judge in order for the settlement to be valid. If the Judge does not approve of a minor’s settlement, the minor, when he or she becomes eighteen (18) years of age could then disavow the settlement and file the claim a new even though payment has been made on the child’s claim.

Even if settlement is tentatively made in a child’s personal injury case before suit is filed, judicial approval of the settlement is still required. As a result, even after the parties have agreed to the terms of the settlement, a “friendly” lawsuit must be filed in order to have a Court file for which the Court will hear and determine the issue of whether the settlement is fair to the minor.

In a hearing on the issue of the Court approval of a minor’s settlement, the Court will hear and consider medical evidence, usually in the form of written medical records, and consider the amount of medical bills and the degree and extent of any permanent injury. Based upon this evidence, the Court will consider whether the settlement in the amount proposed is fair to the child. In most cases in which a child, through his or her Guardian Ad Litem, is represented by an attorney, the Court will approve the settlement. However, the Court has the power and authority to disapprove of a settlement even when the child is represented by an attorney. If the Court does not approve of the settlement, the case must be tried.

The proceeds of the settlement, after litigation expenses, is paid into the Clerk of Superior Court for the use and benefit of the child. These funds will be invested by the Court and will draw interest, although usually not at a very high interest rate. When the minor becomes eighteen (18) years of age the Clerk’s office will then disburse all of the funds, including the accrued interest to the child.

A question which frequently arises is whether the parents may use the funds from the minor settlement for the benefit of the child. The answer is almost always no. Petition can be made to the Clerk of Court for authority to release some of the proceeds. However, in actual practice, it is very rare that the Court will authorize the release of these funds to the parents. The purpose of the law is to protect the interest of the child and there is a very strong public policy to preserve these funds for the benefit of the minor.

Although it is the law that all minor settlements must be approved by the Court, in very small cases, the insurance company will sometimes issue the check directly to the parent for the benefit of the minor child. In doing so, the insurance company is taking some risk. However, when there is a small amount of money involved, it is usually more feasible economically for the insurance company to take a chance and release the funds to the parents rather than hire a lawyer to handle the minor’s settlement. Usually however, if the payment for the child’s case is in excess of $2,000, the insurance company will insist, as it should, upon judicial approval.

With respect to medical bills, this claim may be made either by the minor or by the minor’s parent who is, ultimately responsible for the medical expenses. This election will be made by the Guardian Ad Litem at the time suit is filed.

As with all personal injury cases, the proceeds from the recovery from the personal injury claim are tax free.

If your child has endured injuries of any kind due to the fault of other persons you may contact Washington Personal Injury Attorney Rob Kornfeld for a free consultation. Rob works on a contingency basis with your case, which means you pay him with a fraction of you or your child’s settlement.

Elements of a Washington Tort Lawsuit:

The four elements of a Washington Tort Lawsuit are the existence of a legal duty owed by a person to others, negligence by one person, that negligence being the proximate cause of the damages and damages must have been suffered by the person(s). Generally speaking, all four elements of the Washington Tort must be present to be compensated for the damages suffered.

What is a Washington Tort Lawsuit?

Simply put, a tort is a civil injury in which a court of law can provide compensation through a lawsuit. When a person violates his/her duty to others created under general (or statutory) law, a tort has been committed.

Have you suffered injuries due to another persons negligience? Contact our Washington personal injury lawyers for a free consultation.

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