Personal Injury Claims: When a Child Is Injured

Child with a broken arm

As a parent, you consider your children’s safety in everything they do. From their daycares and schools to swimming lessons, to researching bike helmets, we want to protect them. The serious injury to a child as a result of a car accident is devastating. It shocks us, it challenges us, and it makes us feel helpless. If you are the parent of a child who has been seriously injured due to the negligence or recklessness of another driver, you need to speak with an attorney for help.

Who Can Make a Claim and What Can a Child Seek?

As an injured child’s parent with legal custody, you have the right to file a claim on their behalf through an attorney. In fact, as minors, children cannot bring legal claims themselves and it is up to the child’s custodial parent or guardian to bring a claim for them.

Nevada’s personal injury laws allow for injured children to seek monetary damages against the third party whose negligence or recklessness caused the injury. These damages can be significant and cover the child’s current and future medical expenses, their mental and emotional injuries, and their future loss of livelihood.

A Court Must Authorize a Settlement

Significantly, the state of Nevada has protections in place when it comes to settling a personal injury claim on a child’s behalf. To finalize a settlement (or “compromise”), a petition must be filed in court regarding the claim, records of the child’s injuries, the medical expenses incurred, other expenses, attorney’s fees, and the child’s diagnoses and prognosis.

A court must review this petition to determine whether the settlement is in the child’s best interest. The settlement can only occur if the court approves it, then the proceeds must be placed in a trust account for the child’s benefit.

Contact the Personal Injury Attorneys at Viloria, Oliphant, Oster & Aman L.L.P.

If your child has been injured due to the neglect or recklessness of another, you need a lawyer to fight for you. Viloria, Oliphant, Oster & Aman, L.L.P. is a top-tier law firm that has successfully recovered millions of dollars in damages for our clients. We understand the law, work tirelessly on behalf of our clients, and doggedly pursue maximum compensation on their behalf. Let us help you exercise your legal rights. We work on a contingency fee basis, which means we don’t get paid unless you recover damages. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a free case consultation or contact our office through our website.

Related Posts
  • The Role of Expert Witnesses in Personal Injury Cases Read More
  • Why Insurance Companies Want to Settle Read More
  • What are Catastrophic Injuries? Read More