One of the worst feelings a parent can have is being told their child has been injured in an accident.
Parents cannot watch over their children at all times. Children can be hurt in accidents while on their own or while under the supervision of other adults. But when someone has injured a minor-age child through negligence or recklessness, such as by hitting them with a car, the at-fault individual can be held accountable. The child, through their parents, can seek compensation for their pain and suffering while the parents can seek repayment for medical bills and other costs.
When people or institutions that are formally supervising a child, or acting in the place of a parent, are negligent and an underage child is injured, parents can turn to the courts for accountability and restitution.
Dealing with a child’s serious injury is a frightening and confusing experience for parents. Our focus at Sam & Ash, LLP is to ensure that people who have been unjustly harmed receive the care and compensation that Nevada civil law promises them. Our attorneys start by listening to parents of children and teens who have been injured and providing trusted guidance based on experience. In cases involving negligence, we work with the parents to pursue compensation when warranted at no cost upfront.
In Las Vegas, the personal injury lawyers of Sam & Ash can help you choose the course of action necessary to do What’s Right for your minor-age child. Contact us today for a free consultation about responding to your child’s injury.
Personal Injury Cases Involving Children in Nevada
Children have rights under Nevada personal injury law. Until a child reaches 18 years old, the law limits the decisions and actions the child may take.
A child who has been injured by another party cannot bring a legal claim. Instead, the child’s custodial parent or guardian may file a claim against the responsible party on the child’s behalf.
Compensation sought in a personal injury claim may be for the costs of:
- Current and future medical expenses, such as for rehabilitation and ongoing treatment and care
- Pain, suffering, and emotional distress
- Loss of earning ability and future income
- Other financial costs and losses.
When a child has suffered a significant injury that was someone else’s fault, recovering adequate compensation from the responsible party can be critical to pay for the child’s medical treatment. A child who has suffered a serious injury may require ongoing medical care and have special requirements for education.
In cases of long-term, disabling, or disfiguring injuries, a claim would include projections for future costs of:
- ongoing medical needs
- adaptive equipment,
- and special education requirements.
A disabled child will also lose opportunities to participate in many childhood activities, such as organized sports, and may face limited opportunities in education, employment and dating, and marriage as the child grows older. These are all potentially compensable losses.
In a separate claim, the injured child’s parents may seek compensation for their losses due to additional time dedicated to caring for the child and/or advocating for services their child needs.
Settlement Options for Claims Involving Minors in Nevada
Most personal injury claims are settled outside of court through negotiations with an insurance carrier that has issued applicable coverage to the party responsible for the accident. When a Nevada personal injury case involves a minor, any negotiated settlement must be approved by the courts.
Once a settlement or “compromise” has been reached in a disputed claim involving a minor, the child’s custodial parent or guardian must file a petition in the local Nevada district court seeking approval of the settlement.
The petition must explain the settlement by presenting documentation of:
- The child’s injuries, diagnosis, prognosis, treatment plan, and progress of recovery
- Medical expenses incurred
- Estimates of future medical expenses
- Other expenses
- Attorney’s fees.
If the court agrees with the petitioning parent that the compromise payment is in the best interest of the child, the agreed-upon damages are paid and put into an account held for the child until he or she turns 18 years old.
Accident & Injury Cases Involving Children at School in Nevada
Given the many hours that children spend in school, it is not too surprising that many childhood injuries happen while at school.
In cases of serious injury in an accident at a Nevada public school, a child’s parents may sue the school if they can show that the accident occurred while the child was under the supervision of the school. The evidence would need to show that the school employee—teacher, coach, or administrator—took an action that resulted in harm to the child or failed to take measures to prevent the accident that hurt their child.
If the actions leading to your child’s injury occurred outside of the job duties assigned to the teacher, or coach, and just happened to involve the school employee or were intentional acts of the employee, the school may not be held liable. In such a case, you may be able to pursue a claim against the school employee as an individual.
If a Nevada public school is found liable for a child’s injuries, the compensation the child’s parents may recover is limited to $100,000 under state law. Victims of school employee negligence in Nevada cannot recover punitive damages. These limitations do not apply to claims against school personnel as individuals.
Contact Our Las Vegas Personal Injury Lawyers For Minors
If your child has been injured by someone’s negligence and/or while in someone else’s care, you need to protect your family’s rights. The lifelong expenses, pain, and suffering caused by a serious childhood injury or child’s death can be devastating. Our attorneys are ready to stand up and fight for What’s Right for you.
At Sam & Ash, LLP, our personal injury lawyers for minors will seek the full compensation necessary to make things right financially for your family. Let us put our skills and resources to work for you. Call us or reach out to us online for a free and 100% confidential consultation to discuss your case.