Unintentional injuries are the leading cause of death for those younger than 19, according to the Centers for Disease Control and Prevention (CDC). In addition to more than 12,000 deaths a year, more than 9 million children are treated in hospital emergency departments each year for injuries. Many of these injuries will result in permanent disabilities that will remain and affect his or her future well into adulthood.
If your child has suffered an injury due to someone else’s careless or reckless actions in Northern Nevada, including Reno, Carson City, or Sparks, you could obtain compensation for the compensatory, nominal, and punitive damages incurred. A Reno child injury lawyer can help.
When your child suffers a serious injury, it can affect the entire family, often in unexpected ways. You may find yourself wondering how to deal with the aftermath of a serious child injury or even what legal rights you may have. Children under 18 cannot recover compensation for their injuries on their own, but parents can file a claim on their children’s behalf.
The team of attorneys at Benson & Bingham Accident Injury Lawyers has successfully helped many families recover compensation after a child has sustained serious injuries throughout Northern Nevada, including Carson City, Spark and Reno. While we cannot guarantee results, we can work to help secure the best outcome possible. Contact us today at (775) 600-6000 to schedule your free consultation.
Children and adults heal differently. Adult bones, for example, may have a harder, more brittle texture than children’s bones. Children may heal more thoroughly from injuries that adults might consider life-altering.
On the other hand, sometimes, children may suffer lifelong repercussions from even seemingly mild injuries, including lifelong scarring, challenges in mobility, or pain.
When your child suffers a serious injury in the Northern Nevada area, including Carson City and Spark, make sure you take the right steps to protect your family.
The U.S. Census Bureau reports that children under 18 make up about one-fifth of the population in Reno.
Some of the most common sources of injury to this age group include:
When a child is injured, the entire family experiences the psychological and financial impacts of the injury. Nevada allows those who are injured in accidents that someone else’s careless or reckless behavior caused to seek compensation for their injuries through a lawsuit filed in civil court. The compensation received through this claim is known as damages, and the act of seeking compensation through a settlement or litigation is known as recovering damages.
The problem, however, is that children under 18 are not legally permitted to file a claim.
In a child injury case, parents usually have two options for recovering damages:
As with other types of claims, the vast majority of child injury cases resolve before they ever see the inside of a courtroom. One common method for resolving these cases outside of court is through the settlement process. The court must approve settlements in cases involving children through a compromise of the claim.
You do this through a petition to the court that includes all pertinent details of the settlement, including information on the claimant, his or her legal guardian, the defendant, the agreed provisions of the settlement, and acknowledgment by the guardian that the agreement fully settles the claim.
No parent wants to see their child suffer, but serious childhood injuries are distressingly common. If your child suffered injuries or died in an accident in Reno, Sparks, Carson City or the surrounding area, you might recover damages from whoever was at fault for the accident. While monetary compensation cannot take away the physical and mental anguish you and your child have suffered, it can help you care for your family in the aftermath of a tragic accident.
If your child suffered injuries or died in an accident, contact the experienced and compassionate Reno child injury attorneys at Benson & Bingham Accident Injury Lawyers, LLC for a free case evaluation.
At Benson & Bingham, we have helped our clients recover more than $215,000,000 in compensation for serious injuries, including child injury claims. We have helped recover, for example, $250,000 in compensation for a child with microcephaly.
Our team of attorneys aims to help our clients:
In general, people bear a much higher duty of care for children than they do for adults in similar circumstances. Frequently, children lack the reasoning skills necessary to keep themselves safe: remembering not to run out into traffic after a ball or balloon, avoiding pools and other potential hazards where they could suffer serious injuries, and speaking up for themselves when interacting with medical professionals, for example. People can reasonably assume, on the other hand, that an adult might keep themselves safe in many of the same circumstances.
The party potentially liable for child injuries includes someone who:
An attorney can help determine who may bear liability for your child’s accident and injuries and what steps you should take next.
Yes. If you believe that your child was injured at daycare or school, take your child to the emergency room for immediate medical assistance, then contact a child injury lawyer at Benson & Bingham Accident Injury Lawyers, LLC. The emergency room doctors can diagnose your child’s injuries and provide the proper treatment. After you’ve attended to your child’s injuries, file a police report. If possible, take photos of your child’s injuries.
You might sue the school district if the school bus driver’s negligence caused your child’s injuries. Negligence might include things like texting while driving, driving under the influence of alcohol or drugs, talking on the phone, or even being distracted because the driver is eating food or watching other children in the mirror.
Yes. Parents or guardians can seek to recover damages from whoever was at fault for their child’s death in a wrongful death lawsuit. Parents might recover compensation for loss of companionship, the child’s final medical bills, funeral and burial costs, and other damages. Contact an experienced child injury lawyer in Reno to discuss your case in more detail.
If you win your lawsuit or settle with the other party, you and your child might recover damages for past and future medical expenses, pain and suffering, emotional distress, long-term care costs, rehabilitation, loss of enjoyment of life, and loss of future earning capacity.
The recovered damages belong to your child, except for medical expenses that you must pay. As such, the compensation is typically housed in a trust accessible to them when they turn 18 years old. The law firm that handles the case will assist with this process.
The owner of the pool and/or those who were supposed to watch your child might share responsibility for pool accidents. A pool owner who did not install and maintain proper fencing surrounding the pool area, did not properly cover the drains, or continuously supervise children in the pool might bear responsibility. Oftentimes homeowner insurance policies cover the cost of remediation.
If your child was injured because of a defective product, such as a toy, you may bring a product liability lawsuit against the toy manufacturer or seller. To win a product liability lawsuit, you will have to present evidence that the toy’s design was defective or the toy had incorrect or incomplete warnings about uses that could lead to injury.
Parents can bring a medical malpractice lawsuit against a medical professional if the professional or entity misdiagnosed their child, made a mistake that caused their child to suffer injuries, or killed a child because of a medical misdiagnosis or a mistake. Parents can also often file a medical malpractice lawsuit if their child suffered birth injuries because of a medical mistake.
Yes. Child injury law, including wrongful death, is extremely complicated. You should contact a child injury lawyer as soon as possible so that the attorney can get started on your child’s case as soon as possible. There are time limits for filing a lawsuit after an injury or wrongful death, so it’s best not to delay. An attorney can help you gather evidence, properly present your case, and protect your rights throughout the process.
We do everything we can to minimize a child’s involvement in any case we take on. Expert witnesses, your child’s attorney, and other adults involved in the case will handle evidence, negotiate on your child’s behalf, and, if your case goes to court, they can testify on your child’s behalf.
First and foremost, when looking for an attorney to handle a child injury or wrongful death case, seek out an attorney who focuses on that area of law. There are many legal specialties, and the more specific an attorney’s experience, the more likely they are to know how to respond to the specific issues that will come up in your case. You should also make sure that the attorney’s office is close enough to home so that you can easily meet with the attorney about your child’s case.
Once you’ve identified some attorneys near you who practice child injury law, look for online reviews for the firm and the attorney. Select two or three attorneys with good reviews from your list and schedule a free case evaluation with each of them, so you can meet them and decide which attorney will be the best fit for you.
During your case evaluation, be sure to ask plenty of questions, including the years of experience the attorney has practiced child injury law, how many cases the attorney handled with similar circumstances to your child’s case, and how the attorney interacts with children.
An initial case evaluation is free, and we don’t charge clients for our services unless we win the case. During your free case evaluation with our personal injury law firm, we will go over the details of our contingency fee contract with you.
Having your child experience a serious injury is one of the most upsetting things a parent can experience. Let an experienced personal injury attorney help you understand the process of obtaining the compensation you need to help pay for the expenses of your child’s injury, and the compensation they deserve to deal with the impacts that their injury has sustained in their present and future life.
If you’ve been injured or lost a loved one due to a motorcycle accident in Reno that another party’s negligence caused, you should contact us immediately to discuss the details of your case and determine your eligibility for compensation. We also serve clients in Lake Tahoe, Sparks, and Carson City. Schedule your free consultation by contacting Benson & Bingham Accident Injury Lawyers, LLC online or by calling (775) 600-6000 today.
Benson & Bingham (Reno Office) 1320 E Plumb Lane Ste A Reno, NV 89502 Phone:775-600-6000
“Best law firm! Thank you Benson & Bingham. I did my own research and found Benson & Bingham online. They lived up to their reviews. Special thank you to Cassidy for managing my case and my attorney Danielle.”