If you have been hurt in an accident because of someone else’s negligence, you can file a personal injury claim to recover compensation. Children who are hurt in accidents are also entitled to recover compensation from the at-fault party. However, a child cannot file a personal injury lawsuit or agree to the terms of a settlement on their own.
A parent or legal guardian may bring a personal injury claim on behalf of a child. Keep reading below to learn all the details about personal injury claims when a child is involved.
Common Types of Accidents That Result in Child Injuries
Children are injured in accidents far too often. In fact, unintentional injuries are the leading cause of death in children aged 1 to 14.
Some common types of accidents that are likely to result in a child’s personal injury claim include:
- Car accidents
- Birth injuries
- Swimming pool accidents
- Playground accidents
- School or daycare accidents
- Falls
- Dog bites
- School bus accidents
- Defective products
- Choking
- Bicycle accidents
- Burns
- Sports injuries
Some of these types of accidents are more likely to affect children, but children are also susceptible to the same types of injuries as adults.
What Types of Damages Would My Child Be Entitled to Receive After an Injury in Las Vegas?
Your child is entitled to recover both economic and non-economic damages in personal injury claims. These are known as compensatory damages because they compensate the child for a specific loss. Economic damages compensate victims for monetary losses, while non-economic damages compensate the child for their physical and emotional pain and trauma.
Some common types of damages available in child injury claims include:
- Medical bills (current and future)
- Rehabilitation
- Physical therapy
- Reduced earning capacity
- Special education expenses
- Out-of-pocket expenses
- Pain and suffering
- Decreased quality of life
- Mental anguish and emotional distress
- Permanent scarring
- Loss of enjoyment of life
In rare cases, your child might also be entitled to recover punitive damages. Punitive damages are reserved for cases involving only the most egregious behavior. These damages are not designed to compensate the child for a loss, but rather they are used to punish the defendant for their outrageous behavior.
How Much Is My Child’s Personal Injury Case Worth?
The severity of the injuries involved in the case has a significant effect on the overall value of the damages available. Typically, cases involving severe or catastrophic injuries will be worth much more than cases involving only minor injuries. You should always get help from an experienced personal injury lawyer who can help put an accurate value on your child’s claim.
How Do I Prove Liability for a Child Injury Claim?
Although some personal injury claims involve intentional conduct, most child injury claims are based on negligence.
To win a child injury claim involving negligence, you must show:
- The defendant owed your child a specific duty of care
- The defendant breached their duty of care either through their actions or inaction
- Your child’s injuries were both a direct and foreseeable consequence of the defendant’s behavior
- Your child suffered some damages as a result
If you can successfully prove all four of these elements, you have a high chance of success with your claim.
Who Can Be Held Liable for My Child’s Injuries?
There are numerous parties who could be liable for your child’s injuries, which may include:
- Schools or daycare facilities
- Negligent drivers
- Property owners
- Product or equipment manufacturers
- Babysitters
- Doctors and hospitals
- Dog owners
As the plaintiff, you have the burden of proof to show that the defendant was at fault. This means that you must have enough evidence in your favor to make your version of the facts more likely true than not. An experienced lawyer can help you build your case to give you the best odds of success with your child’s claim.
How Long Do I Have to File a Personal Injury Claim on Behalf of My Child in Nevada?
The deadline to file most personal injury lawsuits in Nevada is two years. Failure to meet the deadline may completely bar you from recovering any compensation for your injuries. However, the rules are a little different when a child is involved.
When a child is hurt in an accident, the statute of limitations is generally paused until their 18th birthday. This means that they would have until their 20th birthday to file a claim for their injuries. These rules can get quite complex, so you should always get help from a lawyer who can determine the specific deadline for your case.
Contact the Las Vegas Personal Injury Lawyers at De Castroverde Accident & Injury Lawyers for Help Today
If your child has been hurt in an accident, contact the experienced team at De Castroverde Accident & Injury Lawyers for help. We can investigate your child’s accident to determine who may have liability, and we will aggressively fight to recover all the compensation that your child is owed.
Contact us today to schedule a free consultation at (702) 222-9999 with a Las Vegas personal injury attorney who is ready to help.
