When your child gets hurt, it can be a harrowing, life-changing event. You might wonder what to do to protect your child. When a child sustains significant injuries, they may have medical expenses that last for years. Injuries can even last a lifetime.
It can be hard to know where to turn or how to respond when an accident involves a minor child. The best course of action is to work with a skilled personal injury lawyer to ensure you can get the necessary compensation for your child.
Personal Injury Accidents That Involve Minors
When your child is hurt because of another party’s negligence, recklessness or intentional dangerous conduct, your child has rights. They may bring a claim for compensation based on the same laws that apply to all Nevada civil tort claims. As the child’s parent or legal guardian, you may bring the claim on your child’s behalf.
Our Nevada injury attorneys can help you assert a claim on behalf of your child. We can help you handle the unique issues that apply in cases that involve minor children. Our legal team is prepared to help you and your child receive the compensation that your child needs and create a path for security for your child’s future. Contact us today for a complimentary review of your child’s claim.
What to Know About Las Vegas Personal Injury Cases Involving Minors
In Las Vegas and all of Nevada, there are some key things to be aware of when a personal injury accident involves a minor. Here are the things to remember when bringing an injury claim on behalf of a minor:
A Representative Must Bring the Claim on Behalf of the Child
A child doesn’t have the standing to bring a case themselves. Instead, their parent or guardian must bring the claim on their behalf. Either parent may bring the claim if the parents are married. If the parents are unmarried, it’s the custodial parent who has the standing to file the claim for their child.
If a child has an appointed guardian, the guardian may submit the case on behalf of the child. Just like an adult has the right to representation from experienced legal counsel, a child has the right to representation from an attorney for their injury claim.
The Court Must Approve Any Out-Of-Court Settlement
Most personal injury claims settle out of court. Even cases that involve minor children usually reach an agreement before the case heads to trial. When a case with a minor child victim settles out of court, the court must approve the settlement. To approve the settlement, the court must look at the relevant medical evidence to determine if the solution is in the best interests of the child. The parties must include information about the child’s future medical needs.
A petition for court approval of a settlement is called a compromise of a minor’s claim. Nevada Revised Statutes law 41.200 states what a petition for compromise must include. The parties must recite the case information, the total amount of the settlement, and any deducted fees before the parties deposit the money in a trust for the child. The parties must include a statement that the settlement is in the best interests of the child. The party who petitions on behalf of the minor must acknowledge that the compromise fully settles the minor’s claim.
Proceeds Must Be Paid Into a Trust for the Benefit of the Child
When the court approves a settlement, the parties must place the funds in a trust for the benefit of the child. The child’s parents may be trustees of the trust, but they may not withdraw funds without the court’s approval. When the child is 18, they gain control of the trust. If the trust has more than $10,000, the trustees must file an annual accounting of fund activities.
The Statute of Limitations That Applies to a Case Involving a Minor May Vary
The statute of limitations is how long you have to file the claim on behalf of your child. In cases of injury accidents involving minors, the statute of limitations vary greatly depending on the type of claim. For example, generally, the statute of limitations for a personal injury accident is two years. That means that the injured person has two years from the date of the accident to bring their claim. However, in the case of a minor, the statute of limitations doesn’t begin to run until the child turns 18. In other words, the minor should have until age 20 to file their claim.
However, the statute of limitations doesn’t pause if the case is a medical malpractice case. A minor has only one year to bring a claim for medical malpractice. But, if the injury is for brain damage or a birth defect, the child has until age 10 to assert the claim. In the case of sex abuse against a minor, the child has until age 28 or 10 years after they discover that their injuries are the result of sexual abuse. If your child is hurt, it’s important to contact an experienced injury lawyer as soon as possible. Your attorney can help you ensure that you file the claim on time.
Types of Injuries to Children
Some of the types of personal injury claims that involve minors include:
- Car accidents
- School bus accidents
- Swimming pool accidents
- Playground accidents
- Medical malpractice
- Slip and fall accidents
- Premises liability accidents
- Injuries because of dangerous products
- Bicycle accidents
- Sporting accidents
If your child’s injury is the result of the negligence, reckless or intentional misconduct of another party, your child may qualify for compensation. Let our attorneys for personal injury involving minors examine your case to determine if you are eligible for compensation.
Contact Our Las Vegas Personal Injury Lawyers
Is your child hurt because of a personal injury accident? Are you wondering where to turn because your child is injured? Our attorneys are dedicated to helping children when they’re hurt. We can help you protect your child’s future and find the relief that your child deserves in the legal system. Call us today or message us to find out how we can help you and your child.