Las Vegas car accidents that involve children can be very terrifying. There is nothing more valuable to parents than the health of their children. Whether your child was a passenger in a car involved in a collision or a pedestrian hit by a motor vehicle driven by a negligent driver, they could suffer substantial injuries. There are many legal issues unique to car accident cases involving children.
Car accidents in the country are the leading cause of death in children aged five to eighteen. Children who survive a car crash can suffer severe injuries, such as fractures, traumatic brain injuries, seat belt injuries, airbag injuries, car seat injuries, neck injuries, cuts and lacerations, PTSD, and more.
Nevada’s personal injury laws allow injured children to seek monetary damages against the party whose negligent or reckless actions caused the injury. These damages can be significant and cover the child’s current and future medical expenses, mental and emotional injuries, and future loss of livelihood. Depending on the nature of the damage, healthcare costs could be lifelong. Liable parties may be responsible for such medical expenses.
Who Can Bring A Car Accident Lawsuit On Behalf Of A Child In Las Vegas?
Children, as they are minors, cannot bring legal claims in Nevada themselves, and it is up to the child’s custodial parent or guardian to bring a claim for them.
An injured child’s parent with legal custody can file a claim on the child’s behalf through an attorney.
If the parents are married, either one may file a personal injury lawsuit in Nevada. For unmarried parents, only the custodial parent has standing in Nevada courts to file a lawsuit on behalf of the child.
Nevada Statute Of Limitations For Car Accident Claims
In Nevada, you have two years from the date of your injury to file a lawsuit for personal injury claims related to car accidents.
There are a few special rules that apply to minor children. Nevada law extends the personal injury statute of limitations for children. Generally, the statute of limitations is tolled until the child turns eighteen. To speed up the process, the injured minor’s parents can file a lawsuit on behalf of their child sooner.
Compromise Of Minor’s Claim In Nevada
Nevada personal injury laws bestow parents and legal guardians with the right to enter into an out-of-court settlement on behalf of their minor children in Nevada personal injury cases. This is known as the compromise of a minor’s claim.
Compromise of a minor’s claim refers to the settlement of a disputed claim for money by or on behalf of a child under eighteen.
A compromise of a minor’s claim in Nevada is only legally binding once and once approved by the district court in the county where the child resides or if the minor is not a resident of Nevada, in the county where the claim was incurred.
A written petition to the court must obtain approval. Along with the petition, all relevant medical and healthcare records must be submitted to the court at or before the compromise hearing.
Suppose the court decides to approve the compromise of the minor’s claim. In that case, the court must then either direct the money to be paid to the father, mother, or guardian of the child, with or without the filing of a bond or require a general guardian or guardian ad litem to be appointed and the money to be paid to the guardian or guardian ad litem, with or without a bond.
The court will choose whichever option is in the minor’s best interests. Upon receiving the proceeds of the compromise, the parent or guardian must establish a blocked financial investment for the child’s benefit. Within thirty days of receiving the settlement proceeds, the parent or guardian must file with the court proof that the blocked financial investment has been established.
Pacific West Injury Law – Las Vegas Personal Injury Lawyers Who Help Injured Children Fight For Compensation
Has your child been injured in a car accident caused by another person’s negligence in Las Vegas, Henderson, or North Las Vegas? If so, you must understand your rights and legal options and those of your child.
Pacific West Injury Law has helped protect the rights of many injured accident victims and their families. We are prepared to fight for the compensation you need.
Nevada law allows the statute of limitations to be paused until the child turns eighteen. The experienced car accident lawyers at Pacific West Injury Law do not recommend waiting until eighteen. Reasons to not wait to file the lawsuit include finding evidence could get very difficult after many years, collecting appropriate medical records may present challenges, witnesses to the accident may not remember or may be deceased, or the minor’s memory of the incident may fade.
Because an injury from an auto accident can have long-term implications for a child’s development, our Las Vegas personal injury law firm will seek opinions from medical experts before settling a child injury claim.
Contact us today to request an initial consultation with an experienced Las Vegas car accident lawyer at our firm at no cost to you. This consultation will provide you an opportunity to discuss your situation, allow us to explain your legal options, and answer any questions you may have. You pay nothing unless we help you recover compensation.