Can Children Testify in Personal Injury Cases? What Parents Need to Know

When your child witnesses an accident or is involved in one, you are not only managing medical bills and insurance calls.

You are also trying to protect your child’s emotional well-being while making sure the truth comes out in any legal case. In courts across the United States, tens of thousands of children testify every year in both criminal and civil proceedings, including personal injury lawsuits, and judges have developed detailed rules to decide when a child is ready to take the stand.

This guide explains how courts view child witnesses, what the process entails, and how you, as a parent, can support your child while protecting their future.

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Understanding the Role of Child Witnesses in Personal Injury Lawsuits

Children can be critical witnesses in personal injury cases, especially when:

• The child was hurt in the incident (for example, a car crash, dog bite, or unsafe property condition).
• The child saw the accident happen and can describe what they observed.
• The child heard statements that matter, such as an at-fault driver apologizing or admitting fault.

In most jurisdictions, there is no fixed minimum age for a witness. Instead, courts ask a simple question: can this child provide truthful, understandable testimony that will help the judge or jury? If the answer is yes, the child can often testify, even at a very young age.

In personal injury cases, a child’s testimony might:

• Fill in gaps that no adult saw, such as what happened immediately before a fall or collision.
• Help explain how life changed after the injury, including pain, missed school, or anxiety.
• Support or contradict what adults remember about the same event.

For parents, the key point is this: your child’s voice may be important, but the law also recognizes that your child is still developing. Courts work to balance the need for truthful evidence with the need to avoid unnecessary harm to a young witness.

At State Law Firm, we treat child witnesses as people first, not “pieces of evidence.” That perspective shapes how we prepare families and how we present cases in front of judges and juries.

Legal Standards for Allowing Children to Testify

Most courts start from the presumption that “every person, irrespective of age, is qualified to be a witness,” so long as they can meet basic competency requirements. In practical terms, judges look at whether the child:

• Can understand and answer simple questions in a way adults can follow.
• Can remember and describe events with reasonable consistency.
• Understands the difference between telling the truth and telling a lie.
• Appreciates that they must tell the truth in court.

There are three broad approaches across the United States:

1. Presumption of competence
   Many states, and the federal rules, presume that all witnesses are competent unless there is evidence that they cannot communicate or understand the duty to tell the truth. Age alone is usually not enough to disqualify a child.
2. Oath-focused rules
   Some states focus on whether the child can understand what it means to take an oath and promise to tell the truth. If a child cannot grasp that concept at all, the judge may find them incompetent to testify live, even if their earlier statements might be used in other ways.
3. Age-based presumptions (less common today)
   A minority of jurisdictions still create presumptions against very young children testifying, for example under age 10, unless the judge is convinced otherwise.

In California and many other states, the emphasis is on capacity, not age. That means even a young child can testify if they can communicate clearly and understand their duty to be truthful. For parents, this usually shows up as a short, careful conversation between the judge and the child before the child gives real testimony.

The Process: How Courts Determine If a Child Can Testify

If lawyers expect a child to testify, the court usually follows a predictable process. While details vary by state and by judge, the basic steps often look like this:

1. Raising the issue
   The question of whether a child will testify may be raised by either side or by the judge. Sometimes everyone agrees the child is ready. Other times, one side challenges the child’s competency or asks for special protections.
2. Competency inquiry or hearing
   The judge may speak directly with the child in a brief, structured conversation. The judge might ask:
• Simple questions about school, friends, or age.
• What it means to tell the truth.
• What happens if someone lies in court.
• A few basic questions about the event, mainly to see whether the child can recall and explain.
3. This can happen in open court or in a more private setting, depending on local rules and the sensitivity of the case.
4. Judicial decision
   After this conversation and any arguments from the attorneys, the judge decides whether the child is competent to testify. If the child is found competent, the case moves forward with their testimony.
5. Testifying at trial or in a deposition
   If the child testifies, the court and attorneys should adjust their language and approach to the child’s age. The judge can step in if questions are confusing, aggressive, or unfair. In some cases, testimony may be recorded in advance, taken in a smaller room, or presented by video to minimize stress.

A good personal injury lawyer will prepare your child for each step. That does not mean telling the child what to say. It means explaining who will be in the room, what kinds of questions to expect, and reassuring the child that it is always acceptable to say “I don’t know” or “I do not remember” when that is the truth.

Factors That Impact the Credibility and Weight of a Child’s Testimony

Once a child is allowed to testify, judges and juries must decide how much weight to give their words. Some of the key factors they consider include:

• Clarity and detail
  Does the child give specific, concrete details, or only vague generalities? Children can be very accurate about central events, especially if questioned in simple, open-ended language.
• Consistency over time
  Are there major contradictions between what the child said right after the event and what they say in court? Minor differences are expected; large changes may raise questions.
• Resistance to suggestion
  Children can be more sensitive than adults to leading questions. Courts look at whether the child has been repeatedly questioned in ways that might shape their memory, such as being told what “must have happened.”
• Motive to lie or please
  Judges and juries know children often want to please adults. They watch for signs that the child is trying to give the “right answer” instead of their honest recollection.
• Demeanor and emotional state
  Jurors naturally react to how a child looks and sounds. A calm child is not always truthful, and an anxious child is not always mistaken, but how the child presents can influence credibility.

Because of these concerns, skilled attorneys and courts rely on child-sensitive questioning, avoid unnecessary repetition, and may work with experts when the child’s memory or emotional state is likely to be a major issue at trial.

The Emotional and Psychological Impact on Children Who Testify

Parents are often most worried about this piece: will testifying harm my child? The research here is nuanced. Studies suggest that:

• Many children experience significant stress and anxiety leading up to testimony.
• The courtroom environment itself can feel intimidating and unfamiliar.
• For some children, testifying can slow emotional recovery, especially if they feel blamed or disbelieved.
• For others, being heard and believed in court can be validating and healing.

A child’s experience depends on:

• Their age and developmental stage.
• The nature of the incident (for example, a simple car crash versus a traumatic violent event).
• The amount and quality of support from parents, therapists, and the legal team.
• How often the child has to talk about the event and in what setting.

Your role as a parent is not to shield your child from every difficult experience, but to make sure that any legal step is truly necessary and that it is handled with care. In many personal injury cases, a settlement can be reached before trial, which may reduce or eliminate the need for live testimony. That strategic decision is something you should discuss with your lawyer in light of your child’s emotional needs.

How Parents Can Prepare Their Child for Courtroom Testimony

If your child may testify, thoughtful preparation can reduce anxiety and improve accuracy. Helpful steps include:

• Partner closely with your lawyer
  Ask your attorney to walk you through what will happen, including who will be present, where your child will sit, and how long questioning might last. A trauma-informed lawyer will adjust strategy to your child’s age and personality.
• Use simple, honest explanations
  Explain that:
• The judge and lawyers need to understand what happened.
• Their job is to tell the truth, even if they are scared or unsure.
• It is always acceptable to say “I do not remember” if that is true.
• Avoid rehearsing or “scripting” the story
  Repeated drilling can blur genuine memory and make a child feel as if there is only one allowed version of events. Instead, focus on helping them feel safe and supported.
• Consider professional support
  A child psychologist or therapist, especially one with forensic or court experience, can help prepare your child in a healthy way and support them before and after testimony.
• Take care of yourself too
  Children read their parents’ anxiety. Meeting with your lawyer in advance, asking every question you have, and understanding the legal strategy can help you project calm and confidence when your child needs it most.

At State Law Firm, we are used to working with parents who have never been in a courtroom before. We take the time to answer questions in plain language so you can, in turn, answer your child’s questions without fear or confusion.

Alternatives to Direct Testimony: Protecting Children’s Well-Being During Legal Proceedings

Courts recognize that testifying face-to-face in a public courtroom is not always necessary or appropriate for every child. Depending on the law in your state and the facts of your case, alternatives may include:

• Video-recorded testimony or depositions
  The child’s statements may be recorded in a more comfortable setting and later played for the judge or jury.
• Closed or limited courtroom sessions
  In sensitive cases, the courtroom may be partially closed to the public, or only essential personnel may be present while the child speaks.
• Testimony from an adjoining room via video link
  Some courts allow the child to testify from another room, seeing the judge and lawyers on a screen, rather than sitting a few feet away from the parties.
• Use of prior statements under specific evidence rules
  In some jurisdictions, earlier statements by the child may be admissible even if the child does not testify live, especially when testifying would cause significant harm.

The availability of these options depends on the type of case and the governing rules of evidence. A personal injury lawyer who regularly handles cases involving children can help you understand which safeguards may be available in your situation and how to request them.

Supporting Your Child Through the Legal Journey and Making Informed Decisions as a Parent

Children can and do testify in personal injury cases, and their testimony can be powerful. But the law does not require you to choose between your child’s emotional health and your family’s right to seek justice. Courts are increasingly equipped to evaluate children’s competence carefully and to use procedures that minimize harm while still honoring the truth.

As a parent, your most important roles are to:

• Make decisions with full information about what testimony would involve.
• Work with a legal team that respects your child as a person, not a prop.
• Ensure your child has emotional support before, during, and after any court appearance.

If your child has been hurt or witnessed a serious accident, you do not have to navigate the legal system alone. State Law Firm can help you weigh the pros and cons of child testimony, explore alternatives, and build a case that protects both your child’s future and your family’s financial stability.