LAS VEGAS CHILD INJURY ATTORNEY

What to Do If Your Child is Injured in Clark County, Nevada

Was your child hurt in an accident in Las Vegas? If so, it is imperative that you take immediate action to protect their health and safety. You will want to make sure that your child is in the best position to get the professional care that they need. Additionally, you will want to make sure that your family is in the best position to get compensation on behalf of your child. Here are five steps to take if your child is injured in an accident in Southern Nevada:

• 1. Get your child immediate medical attention;

• 2. Report the accident to the appropriate parties;

• 3. Secure any relevant evidence that may help prove what happened and why;

• 4. Make sure your child gets the proper ongoing/follow-up medical care; and

5. Consult with a Las Vegas child injury lawyer who can help you get compensation.

Five Things to Know About Child Injury Claims in Las Vegas

While there are many similarities between child injury claims and adult injury claims, there are also some very important differences. Your family should be prepared for what you are going to face within the personal injury claims process. Here are five key things to know about child injury claims in Las Vegas:

• 1. Liability Standards May Be Somewhat Different in a Child Injury Claim: In Nevada, most personal injury claims are based on negligence. As Nevada is a comparative negligence state, a person can be held partially at fault for their own accident. However, the law is more forgiving towards children. In general, businesses, organizations, and other entities should take additional care to watch out for kids.

• 2. A Parent or Guardian Pursues the Case on Behalf of the Child: Children cannot file a personal injury claim on their own. Instead, these cases are pursued by a representative of the minor. With some limited exceptions, most child injury cases in Nevada are brought by a parent or guardian on behalf of their child. Notably, the parent is still recovering compensation on the child’s behalf.

• 3. The Statute of Limitations Can Be Less Strict: Nevada has a strict statute of limitations for personal injury claims. You must file any lawsuit before the statute of limitations in your case runs out. However, the statute of limitations is not always as strict for child injury claims. In some cases, the statute of limitations can be tolled (paused) when the victim of the accident is a child. If you have any questions about the statute of limitations in a child injury claim, an experienced Las Vegas, NV personal injury lawyer can help.

• 4. A Child’s Future Medical Needs Must Be Considered: One complicating factor in child injury claims is that their ongoing and future medical needs must be fully accounted for. Although future medical needs are a relevant issue in all personal injury cases, determining the extent of the impact can be more difficult when the victim is a young child. Parents should be prepared to work with an experienced attorney who can help ensure that their family is properly compensated.

• 5. A Child Injury Settlement Must Be Approved By a Court: Finally, parties have slightly less discretion to reach a settlement in a personal injury case. Under Nevada Revised Statutes § 41.200, the court must sign off on any child injury settlement case. Notably, when families have competent legal representation, Nevada courts are generally willing to approve the settlement that they reached. Still, this is an issue that should be understood and addressed within the claims process.