When a minor child is injured in a car crash, the process for a personal injury claim has special rules. In Nevada, laws protect injured children and limit how car accident claims are handled. Parents and legal guardians must follow the steps to file a personal injury lawsuit on the child’s behalf. This article explains those differences, legal options, and how a child injury lawyer can help in Las Vegas and across Nevada.
Are Lawsuits Involving Minors Different from Regular Accident Cases?
Yes. A minor cannot bring a personal injury claim on their own. Instead, a parent or legal guardian must file a claim on their behalf. Like an adult, a child has the right to hire a lawyer to handle their case from start to finish.
The settlement process is different, too. In Nevada, a judge must approve any out-of-court settlement. Obtaining approval requires the child’s representative to submit a form to the court. If the judge determines that a case’s resolution is not in the child’s best interest, they have the authority to reject a settlement.
After the settlement’s approval, the money is placed in a court-appointed blocked bank account until the child turns 18. Funds can only be withdrawn with the court’s approval. The child can access the trust funds independently once they turn 18, assuming they can manage it legally. A child who is catastrophically injured in a wreck may never gain financial independence. In those cases, parents should consider whether a guardianship or power-of-attorney arrangement is in the child’s best interest.
Comparing Child and Adult Car Accident Claims
Child injury claims differ from adult injury claims under personal injury law. Adults file injury claims and settle without court approval. In contrast, minor children need a custodial parent or legal guardian to file a personal injury lawsuit. Settlement funds for children require court supervision to ensure the child’s benefit. The statute of limitations pauses until the child turns 18, extending the time to file a personal injury claim under Nevada law.
Role of Parents and Guardians
- Decision-Making: Only the custodial parent or legal guardian can file a personal injury lawsuit for the child’s benefit. If unmarried parents share custody, both might be involved in decisions. Clear documentation of custody arrangements helps avoid delays.
- Financial Responsibilities: Parents or guardians often cover the initial costs of medical bills. Later, if the at-fault driver caused the accident, they might seek reimbursement through a child injury claim. Compensation can include costs for hospital stays, therapy, and any special educational needs related to the accident.
- Legal Representation: A child injury lawyer or personal injury attorney can represent the child’s interests. Good legal representation ensures an accurate review of medical records, lost wages for parents who had to miss work, and other factors that might affect the settlement or court outcome.
- Settlements: Sometimes, parties reach an out-of-court settlement. In such situations, a judge may need to approve the final arrangement to confirm that the child’s benefit is protected. This requirement aims to prevent the misuse of funds.
Filing a Personal Injury Claim for a Child After a Car Crash
First, seek medical care and keep copies of all medical records. Next, contact a child injury lawyer or car accident lawyer for a free initial consultation. A personal injury attorney can file a child injury claim or personal injury claim on the child’s behalf. Nevada law requires proof of the driver’s negligence or that the negligent driver breached a duty of care. Evidence may include:
- Police report and witness statements
- Medical bills and treatment records
- Photos of injuries like neck injuries or severe injuries
- Records of lost future earning capacity and emotional distress
Differences in Lawsuits for Injured Children
Many personal injury lawsuits for minors in Las Vegas follow similar steps as adult cases, but they differ in specific ways:
- Representation: Minor children must have a parent or guardian represent them in court. A child under 18 cannot bring a personal injury lawsuit on their own.
- Possibility of Extended Statutes: While many motor vehicle accident claims must be filed within two years, some exceptions apply to injured children. Talk to a personal injury attorney to confirm the exact deadlines.
- Approval of Settlements: If parties agree to settle out of court, a Nevada court may review the settlement. This step focuses on making sure the funds and terms serve the child’s best interests.
- Distribution of Funds: The money from a settlement or verdict is often handled in a special way, such as a structured settlement or savings account only accessible to the child once they reach adulthood.
Common Injuries in Child Car Accident Cases
Children in automobile accidents often suffer different injuries than adults. Common child injury cases include:
- Head trauma and concussion
- Neck injuries like whiplash
- Broken bones and fractures
- Internal injuries from pedestrian hit accidents
- Emotional distress and anxiety after a car crash
Handling Insurance Companies
Insurance companies often look for reasons to limit or deny personal injury claims. When a child is involved, adjusters might question the extent of injuries or claim that the child contributed to the accident. Working with a child injury lawyer helps counter these strategies. An attorney can gather proof, consult with medical experts, and prepare a strong argument to support the child’s side of the case.
Out of Court Settlement vs. Trial
Families may choose an out-of-court settlement if it covers the child’s future needs. This path avoids the stress of a trial and can lead to faster financial relief. However, some insurance companies may offer a lower amount than expected. In that case, filing a lawsuit and going to trial might be a better path to get fair compensation. A personal injury lawyer can explain if a settlement or court action is more beneficial for the family. They can also walk parents through all paperwork, depositions, and negotiations.
Does THE702FIRM Take Car Accident Cases Involving Minors?
Any car accident case can be complicated, but cases involving minors tend to be especially tricky. At THE702FIRM Injury Attorneys, our respected attorneys have extensive experience with complex car accident cases. We have the resources and experience needed to handle any type of injury case, so please contact us if you have questions about your legal options.
What Should a Teen Do If They Want to Hire a Lawyer?
If you are a teen in need of legal representation, ask a parent or guardian to contact a lawyer on your behalf. If your parents resist taking legal action, you’re not out of options. Nevada law extends the personal injury statute of limitations for children. However, you must wait to sue until your 18th birthday. You have two years from that date to file an injury claim.
At THE702FIRM Injury Attorneys, we understand how upsetting it can be when a child suffers an injury in a crash caused by a negligent driver. We want to support you and your family during this difficult time and fight for the best possible outcome. Call or contact us today for a free initial consultation.
