Can I File A Personal Injury Claim For My Child?
Injuries to children can have life-long consequences with years of significant medical expenses, leaving parents to wonder what options they have and how they can protect their child’s future. If you’re not sure what steps to take next, consult with an experienced Las Vegas personal injury lawyer for guidance and help to obtain financial compensation for your child’s medical expenses, damages, and losses.
What Types Of Injuries Can Happen To Children?
Some of the most personal injury claims that involve minors include:
- Car and truck accidents
- School bus accidents
- Bicycle accidents
- Sporting accidents and injuries
- Swimming pool accidents
- Slip and fall accidents
- Playground accidents
- Premises liability accidents
- Medical malpractice
- Injuries due to defective or dangerous products
- Sexual abuse
- Domestic violence
- Dog Bites
When children’s injuries are the result of someone’s negligence, recklessness, or deliberate misconduct, your child may be eligible for financial compensation for their injuries.
Personal Injuries Involving Minors Can Be Complex
Personal injury cases involving minors can be complex and require an experienced Las Vegas personal injury lawyer. For instance, if a minor was bitten by an unrestrained dog, working with a Las Vegas dog bite attorney can help ensure that the child receives appropriate compensation for their injuries.
What Do I Need To Know About Personal Injuries Cases Involving Minors In Nevada?
Your Las Vegas personal injury attorney will help you understand all of the key things you’ll need to know about making an injury claim on behalf of a minor. This includes the following:
A Parent Or Guardian Must Bring The Claim On The Child’s Behalf
Children cannot bring a case on their own; their parent or guardian must claim them. If the parents are married, either parent can bring the claim. If the parents are unmarried, the custodial parent must claim on behalf of their child. Appointed guardians can also bring the claim.
- Children have the right to legal representation
- Just like adults, children have the right to legal representation from an experienced attorney.
- Out-of-court settlements must be approved by the court
The majority of personal injury claims are settled outside of court, and cases involving minor children are no exception. However, when a case involving a minor child is settled outside of court, the court must approve the settlement. The judge will consider medical evidence and other information to verify that the solution is in the child’s best interests.
In these situations, your attorney will assist you in filing a petition for court approval with the required information, which includes case information, the settlement total, and more. The party who files the petition on behalf of the minor must agree that the determining agreement completely settles the claim.
Settlement Proceeds Must Be Paid Into A Trust
Once the court has approved the settlement, the funds must be deposited into a trust for the benefit of the child. Although the child’s parent(s) or guardian may be a trustee, they cannot withdraw funds without court approval. Children gain control of the trust when they turn 18. If the trust contains more than $10,000, the trustees must submit an annual report of the funds.
Statute Of Limitations May Vary When A Minor Is Involved
The statute of limitations limits how much time a person has to make a personal injury claim against another party. How much time can pass will depend on the type of case. For most injuries to adults, the statute of limitations is two years from the date of the accident. When a minor is injured, that statute of limitations doesn’t begin until the child turns 18, which means the injured minor can file a claim anytime before they turn 20 years old.
Medical malpractice cases have their limitations. The claim must be filed within a year of the alleged incident unless the claim involves brain damage or a birth defect, in which case the claim must be filed before the child turns 10 years old.
For sexual abuse claims, the child can file up until they turn 28 or until 10 years after they discover that their injuries resulted from sexual abuse.
The statute of limitations can be complicated when minors are the victim, and you cannot file a personal injury claim once the limit has passed. This means it’s important to consult with your attorney regarding Las Vegas medical malpractice or other personal injuries right away to ensure that your claim is filed on time.
Discuss Your Case With Nevada’s Top Rated Personal Injury Lawyers
Are you wondering where to turn after your child has suffered a personal injury or accident? Consult with Benson & Bingham Accident Injury Lawyers, LLC, to learn more about your legal options and receive compassionate guidance. Our attorneys are experienced in all types of personal injury cases and are ready to put our expertise to work on behalf of your child. Let us provide personalized representation to protect your child’s future. Schedule your confidential consultation with us today!