While Las Vegas is known around the world as a playground for adults, children also frequent the sights and scenes of the Entertainment Capital of the World. No parent likes to see their children suffer serious injuries. In many cases, child injuries, from motor vehicle accidents to theme park accidents, can cause lifelong limitations for your child, including changes that can impact every aspect of your child’s life and even your own. If your child suffered serious injuries due to the negligence of another party, an experienced Las Vegas Child Injury Attorney can help you understand your rights and give you a better idea of what to expect as you file a claim. Contact Benson & Bingham Accident Injury Lawyers, LLC, today at (702) 382-9797 to schedule a free consultation.
Common Child Injuries
Children can suffer injuries in a variety of circumstances. Children often prove inquisitive, exploring the world around them without regard for the damage such exploration may cause. Not only that, but also their developing bodies can prove more prone to serious injuries than adults, who may better protect themselves from such injuries.
Motor Vehicle Accidents
Even when properly restrained, children involved in motor vehicle accidents can sustain serious injuries, including traumatic brain injury, spinal cord injury, and broken bones. Liability for motor vehicle accidents typically rests with the party that caused the accident; however, other parties may also share liability for motor vehicle accidents, including the vehicle manufacturer or a mechanic who failed to properly repair the vehicle.
Hotel Pool Drowning Accidents
When you bring your child to a Las Vegas hotel, you assume that it will be a safe, fun experience for the entire family. Swimming in the hotel pool sounds like a great way to burn off some energy and have fun together. Unfortunately, improperly maintained pools or those with inadequate security can cause more hazards than fun if swimming leads to accidental drowning. Drowning remains the fifth-leading cause of accidental death in the United States. Even if your child does not die in a drowning accident, he or she may suffer serious injuries, including brain trauma, that can have long-term implications.
Improperly maintained rides and attractions can quickly cause serious injuries for the children that use them. Children can suffer broken bones, amputations, spinal cord injuries, and traumatic brain injuries in accidents on amusement park rides or other attractions.
Compensation for a Las Vegas Child Injury Accident
Your child’s injuries may leave you with substantial bills to pay. How much compensation should your family seek for those injuries? Your award may vary based on several key factors, discussed below.
Who Caused Your Child’s Accident?
To determine the compensation that you will receive for your child’s accident, an attorney will start by determining who caused the accident. In some cases, multiple parties may contribute to the accident and your child’s injuries.
An attorney will ask:
Who bore a duty of care to your child at the time of the accident? For example, if your child visits a Las Vegas novelty attraction, the owner of that establishment bears a duty of care to keep all visitors to that site as safe as possible.
How did the responsible party violate that duty of care? At that novelty attraction, if your child suffers serious injuries due to failed safety equipment, the establishment may have violated its duty of care by failing to take care of routine maintenance or operations.
How did that violation lead to your child’s injuries? If the safety equipment for an amusement park ride failed, but the ride operator stopped the ride before any injuries occurred, you may not have the right to file a Las Vegas child injury claim against the amusement park. On the other hand, if that failure led to serious injuries, you can file a Las Vegas child injury claim against the liable party.
Many entities, including novelty attractions and drivers, carry insurance to protect you after an injury. That insurance policy may determine the compensation you ultimately receive for your child’s injuries.
What Medical Expenses Did Your Family Face as a Result of Your Child’s Injuries?
A Las Vegas child injury claim is based on the medical expenses faced by the injured party. In the case of a child injury, that means that your Las Vegas child injury claim will begin with the medical expenses your child has faced (and will face in the future) due to the accident.
These expenses may include:
Treatment for all injuries, including surgery if needed
Durable medical equipment
A hospital stay
Psychological therapy to help your child cope with the limitations of his injuries and the trauma from the accident
Skilled nursing care, if needed
If your child requires home care as a result of the accident, you may also choose to claim the cost of that care as part of the injury claim. Many child injury victims require ongoing care throughout their recoveries and, in some cases, for the rest of their lives.
Pain and suffering damages from the accident are usually based on medical expenses, as well. Generally, pain and suffering compensation reflects a percentage of the medical expenses your child has suffered due to the accident.
What Other Expenses Has Your Family Faced as a Result of the Accident?
You may have had to miss work to care for your child. Your family may have significant overall expenses related to the accident. Talk to an experienced Las Vegas child injury attorney about how to include these additional expenses as part of your claim.
Child Injuries and Insurance Companies
Often, insurance companies may attempt to minimize the compensation they offer for child injury claims. These companies might, for example, contact you soon after your child’s accident to issue a settlement offer. Consult an experienced Las Vegas injury attorney before accepting that offer, since it may not reflect the true value of your child’s claim.
Las Vegas Child Injury FAQs
No parent wants to see their child suffer. But childhood injuries happen, and when that injury is someone else’s fault, parents can’t help but feel angry and helpless. A parent or guardian can settle or litigate on behalf of their injured minor child, and any money left over after paying medical expenses generally goes into a trust for the minor child to use once they turn 18 years old.
If your child was injured in an accident, contact the experienced and compassionate Las Vegas child injury attorneys at Benson & Bingham Accident Injury Lawyers, LLC for a free case evaluation.
What are some common childhood injuries for which you can help seek recovery?
While every accident is different, some of the most common ways children are injured include:
Medical malpractice, including prescription drug reactions and birth injuries.
Defective products, including toys.
Swimming pool accidents.
Animal attacks, including dog bites.
What is the statute of limitations on a child injury case?
Nevada’s statute of limitations states that the injured person or their family must generally file a lawsuit within two years of the injury or death. However, the law also states that while an injured child is under the age of 18, the statute of limitations is paused. Thus, a minor injured in an accident can file a claim once they turn 18 years old. The child-turned-adult has two years after their 18th birthday to file a claim.
There are some other complexities to how the statute of limitations applies, so if you want to file a claim, contact our experienced child injury attorneys sooner rather than later. Additionally, insurance companies have much shorter time limits within which you must file an insurance claim. An accident attorney can help you contact the responsible insurance company and ensure your child receives the best care available.
What damages can my child recover?
Your child can recover many of the same damages an adult can recover after an accident.
These damages broadly include:
Economic damages, which are reimbursements for accident-related expenses;
Non-economic damages, which are reimbursement for less tangible losses related to the accident, like pain and suffering; and
In some cases, punitive damages, which are designed to punish the defendant for egregious behavior in extreme cases.
What if my child died because of another person’s negligence?
If an accident killed your child, you can file a wrongful death lawsuit against anyone whose negligence may have caused your child’s death. As in personal injury cases, a wrongful death lawsuit allows you to seek compensation for your loss. While money cannot in any way make up for such an enormous loss, you can seek reimbursement for medical expenses related to the accident, funeral, burial, and/or cremation expenses, loss of potential earnings, and loss of love and affection.
Should I try to settle with the insurance company myself?
No. An attorney’s assistance is almost always well worth the expense. Childhood injuries can follow a child into adulthood, and a sufficient settlement can make all the difference as they manage their accident-related care throughout their life.
Insurance companies are in business to make money. They care about their bottom line, not about the well-being of individuals making insurance claims. If an insurance company has to pay out a claim because your child suffered injuries, that claim reduces the insurance company’s profits, sometimes significantly. In some cases, an insurance company will not come to a fair and reasonable settlement agreement, especially if your child suffers long-term injuries. Make sure that your child receives enough compensation to cover their accident-related medical expenses for the rest of their life.
How much does a child injury lawyer cost?
An initial case evaluation with the child injury attorneys and Benson & Bingham Accident Injury Lawyers, LLC is always free. And we take clients on a contingency fee basis, meaning that you do not owe us anything for our services unless we win your case. If we reach a successful settlement or win a court case on your behalf, we deduct our fees and expenses from that award.
What do I do if my child’s doctor tells me that my child’s injuries are permanent?
In cases where doctors expect your child’s injuries will result in a permanent disability, your child might require lifelong medical care. Your child might need occupational therapy, cognitive therapy, physical therapy, and even psychological therapy after an accident, especially if that accident had a significant impact on your child. If your child’s injuries were caused by someone else, they are legally responsible for those expenses.
Keep a notebook regarding your child’s recovery process, including your child’s emotional well-being and how well, if at all, your child recovers from their physical injuries. Your notes will help your attorney to obtain the compensation your child deserves.
If your child suffers injuries in an accident that someone else caused, get them the medical care they need, especially ongoing medical care for injuries that cause long-term or permanent disabilities.
Since you will be relaying the facts that led to your child’s injuries, the sooner you can discuss the accident with an attorney, the more clearly you will remember the relevant facts. Additionally, it may take time to investigate your child’s accident case and get through settlement negotiations. The time you have to file a case may seem long, but it can pass quickly. Contact Benson & Bingham Accident Injury Lawyers, LLC for a free case evaluation to discuss your child’s case as soon as possible.
Did Your Child Suffer Serious Injuries in Las Vegas?
If your child suffered serious injuries due to the negligence of another party, an experienced Las Vegas child injury attorney can help you seek compensation for your child’s suffering. Contact Benson & Bingham Accident Injury Lawyers, LLC, today at (702) 382-9797 for your free consultation.
★ ★ ★ ★ ★
“I felt very well taken care of. I had a reliable contact to help me every step of the way. I felt my pay out was fair and timely . I will definitely use this company again if needed.” -Asia A.