Child Personal Injury Claims

Has your child recently been injured in Las Vegas? Do you suspect that the incident was the direct result of negligence? Injuries to children can be horrifying for parents, leaving them confused and unsure of where to turn. You need to speak to a child injury attorney.

Filing a personal injury claim on behalf of a child is different in several ways from claims where the adult is the victim. Read on to learn more about this process. Our attorneys offer free no risk consultations to discuss your case and determine the strengths of your child injury lawsuit.

Who could be held responsible for my child’s injuries?

Both individuals and businesses could be held responsible for your child’s injuries. Because children could get injured almost anywhere, child injury lawsuits can be very broad. That is why we recommend that you schedule a one-on-one consultation with our Las Vegas personal injury attorneys to determine what the best course of action may be for your child’s injuries. 

  • Daycare
  • Private school
  • Public school
  • Other students
  • Other children
  • Playground
  • Park
  • Swimming pool
  • Amusement park 
  • Other drivers

Can you sue a child in Nevada?

If you believe you have been injured by the negligent actions of a child, you may not be able to file a lawsuit against a minor who is under the age of 18 in Nevada. But, there are certain cases where a minor could be held responsible for their actions.

For example, if a minor causes injury or damages the personal property of another, then their parent or their legal guardian could be held responsible. This means that you could file a lawsuit against the minor by also listing their parent or legal guardian. It is important that you discuss your lawsuit with a qualified personal injury attorney in Las Vegas to determine what the best course of action may be for you.

Daycare Abuse Child Injuries

One of the most common ways children could get injured is through daycare abuse. This is a very serious problem, especially in the state of Nevada. Some signs to look out for include: 

  • Mood swings 
  • Fear
  • Inability to concentrate
  • Having an unusual interest in sexual matters
  • Bruises and cuts
  • Excessive crying
  • Clinginess
  • Night terrors

Could I file a lawsuit on behalf of my child?

Because children are legal minors, they cannot sue or be sued in a court of law. In order to bring forward a lawsuit, a qualified adult will need to represent them and make the personal injury claim on their behalf. This qualified adult is known by the legal term “next friend.” In personal injury cases, the next friend is usually a parent or relative of the victim. In order to be a next friend, the person must be legally defined as competent and must not have any interests that are against the rights of the person who they are representing (the child in this case).

Guardians and parents are not automatically made the next friend in any case where a child is a plaintiff. Rather, you may need to seek court approval in order to serve as this kind of representative.

How do you prove a child injury lawsuit in Nevada?

There are factors you must have to prove when filing a child injury lawsuit in Nevada. This includes:

  • Duty: you must show that the other party had a duty to care for the child and make sure that the child was away from any dangers.
  • Breach: the party failed to act within that duty, and did not maintain a safe environment for the child.
  • Causation: the party then caused the child to suffer injuries.
  • Damages: the child now has damages from their injuries, such as medical bills and any future lost income.

What type of evidence will I need for my child injury lawsuit?

  • Police report: in the event your child was injured in a car accident, a police report could be generated by a police officer.
  • Photographs: pictures of the injuries, accident scene or property where the child was injured will help prove the other party’s negligence.
  • Witnesses: having statements from witnesses will help determine how the accident happened, and how a party could be responsible.
  • Medical records: having medical records is very important when proving what injuries the child suffered, and how much they need in future compensation.

When should I file a claim for my child’s injuries?

Before filing a personal injury claim, you also need to be aware of the statute of limitations. The statute of limitations to file a personal injury claim in the state of Nevada is two years from the date of the injury. This is the limit for adults filing the claim on behalf of the child.

But the child is able to file a claim under their name once they turn 18. According to the statute of limitations, victims of personal injuries who were minors at the time of the injury have two years after they turn 18 to file their own claim. This timeline is a bit confusing, that is why we recommend speaking to our highly qualified Las Vegas child injury attorneys today.

Child Injury Class Action Lawsuits

One of the important factors to consider when approaching a personal injury claim to a child is whether or not a valid class-action lawsuit is already happening. This is most likely the case in product liability lawsuits where there is a defective product, such as a defective toy.

For example, if your child was injured by a particular defective product, several children all over the state may also have been injured. Then, you could easily file a class action lawsuit. By connecting with other injured children as part of a larger lawsuit, the strategy for your case can dramatically change.

Child Personal Injury Settlements in Nevada

Compensation in personal injury claims can cover all attorney’s costs as well as the expensive medical bills that often are the result of child injuries. Also, if the child has suffered harm that would require long-term care, expert witnesses can be brought in to demonstrate this. If this is the case, compensation for that long-term care may also be granted.

When a settlement is agreed to, it must be approved by the court. This is true even if the settlement is reached out of court. Furthermore, Nevada state laws require a Blocked Trust Account with a bank must be used for any monetary settlements.

This account is considered locked for the exclusive use of the child once they turn 18. Parents or guardians may petition the court to release some or all of the funds before that time. However, this request is left up to the court’s discretion, and they will generally only release this money if it is in the child’s best interests.

If your child has been injured, don’t take on the legal system without having a competent and experienced child injury lawyer on your side. At the Heidari Law Group, our Las Vegas attorneys know how to get you higher than usual settlement and judgment amounts. Plus, because our attorneys work on a contingency fee basis, you do not have to pay us until your case is settled or the verdict is reached in court. Contact us today to learn more about how we can help defend the rights of your child, or hold a child responsible for any injuries you might have suffered.