While you can certainly be forgiven for wanting to think otherwise, there is, unfortunately, no way for even the most dedicated parents and guardians to protect their minor children from every possible thing that could harm them. That said, if another adult injures your child by negligently causing a preventable accident, you likely have the right to take legal action in your child’s name and demand compensation for every negative effect that accident has on them.
Filing suit over a child’s injury can be complicated on both legal and emotional levels, and guidance from a knowledgeable personal injury attorney can make a world of difference in how effectively and efficiently you can pursue your claim. No matter what specific circumstances led to your child getting hurt, a Summerlin child injury lawyer from Shook & Stone could work tirelessly to get your family the best possible case result.
Recovering Fairly on Your Child’s Behalf
Since children under 18 cannot legally represent themselves in court under Nevada state law, the responsibility of pursuing personal injury litigation after an accident generally falls to their custodial parent(s) or legal guardian(s). Outside of that, the same basic rules regarding legal “negligence” still apply, and any person found responsible for injuring a child through their own reckless or careless breach of a “duty of care” may be financially liable for both past and future losses like:
- Lost overall quality of life
- Physical pain and suffering
- Lost future working capacity
- Emotional and psychological distress
- All medical expenses for injury-related care, including long-term costs of rehabilitative treatment, assistive equipment, and in-home care
Importantly, though, a few unique rules for child injury claims may impact how the case ultimately concludes. Most notably, the court must approve any settlement agreement made on a child’s behalf before it is legally enforceable. Additionally, any funds obtained on the child’s behalf must be placed in a trust and only used for court-approved reasons until the child becomes old enough to take ownership of the money themselves. A Summerlin child accident attorney at our firm can explain these and other rules for claims of this nature during a private initial consultation.
What Deadlines Apply to Child Injury Claims?
Another unique aspect of child injury litigation is the filing time limit for those pursuing a claim. For parents or guardians suing on an injured child’s behalf, the deadline is the same as virtually all other personal injury claims: two years from the date the “cause of action” accrues, which typically means two years from when the injury actually occurred.
However, if a child wishes to file suit on their own behalf and no one does so for them at any point, their two-year filing deadline technically does not begin until they turn 18—meaning they may have until their 20th birthday to take legal action on their own. There are exceptions under certain circumstances to both of these deadlines, as a qualified child injury lawyer in Summerlin could go into more detail about as needed.
Contact a Summerlin Child Injury Attorney Today for Help
No child should suffer any kind of serious injury because of the misconduct—illegal or otherwise—of an adult who should have known better. However, this exact scenario happens all the time across Nevada, and it may fall to you as the parent or guardian of your injured child to enforce their rights and protect their best interests in the wake of their accident.
Our attorneys at Shook & Stone have years of experience getting favorable case outcomes for families like yours in Sovana, Sun City, Rhodes Ranch, and all across the Silver State. Call today to learn how a Summerlin child injury lawyer from our team could assist you.