Every year, thousands of children across the nation are hurt in car accidents caused by another driver’s negligence. For vulnerable children, a car crash can cause severe injuries, permanent disability, or even death in the most tragic cases.
Children involved in car accidents in Nevada have important legal rights, including the right to financial compensation for their injuries. An experienced Las Vegas car accident lawyer can help an injured child’s family navigate the insurance claims process and take a personal injury case to court if needed.
Common Injuries Children Experience in Car Accidents
Children can be more vulnerable than adults in a car crash due to their young age and smaller size. Unfortunately, car accidents are one of the leading causes of child injuries across the United States.
Some common injuries among children in car accidents include:
- Broken bones and fractures
- Lacerations
- Traumatic brain injury
- Neck injuries
- Back injuries
- Loss of limbs
- Internal bleeding and organ damage
- Whiplash
- Loss of limbs
Any of these injuries can require hospitalization, lengthy periods of follow-up treatment, physical therapy, and medication. Often, children will also experience anxiety and emotional distress in the aftermath of a car accident.
If your child was involved in a car crash, you must take action quickly. Even if your child seems to be fine, they could have injuries that aren’t immediately apparent.
Report the Crash Right Away
A police report will help explain how the accident happened, who was involved, and which driver was more at fault. Having police investigate the crash scene can also help to identify eyewitnesses, physical evidence, and other details from the scene that can help support a personal injury lawsuit.
Seek Immediate Medical Attention
Some injuries are obvious, but others are not. Concussions, internal bleeding, and soft tissue injuries might not be clear at first, but can be dangerous to accident victims. Trust a medical professional to accurately evaluate your child after a car accident.
It is best to seek out a medical provider as soon as possible, participate in follow-up treatment, and take any medication prescribed by a doctor for your child. Ultimately, the expenses for your child’s medical treatment could be the responsibility of the at-fault driver.
Document Your Child’s Injuries
You can keep an accurate record of your child’s injuries by taking photos, writing notes, or taking videos of other observations you notice. Your child’s medical providers will be able to provide their own sets of records, but you can supplement these with the details you observe at home.
Note Any Changes In Your Child’s Physical and Emotional Behavior
Does your child seem anxious, depressed, or stressed in the days, weeks, and months after the accident? These can be the results of the emotional distress that is only natural after a traumatic accident. Changes in a child’s physical movement, routine, and behavior can indicate deeper issues to be addressed.
Talk to a Car Accident Lawyer About Your Legal Options
If another driver’s negligent acts caused your child’s injuries, your family can seek financial compensation through a personal injury claim in Nevada. An experienced lawyer can evaluate the facts of the case and help you take your next steps toward recovery.
How To File a Personal Injury Claim On Behalf of Your Child in Nevada
An experienced car accident lawyer can help a parent file a personal injury claim to seek compensation for any of the following:
- Medical expenses
- Medical equipment and assistive devices
- Therapy and rehabilitation
- Future medical bills
- Pain and suffering
- Emotional distress.
Children under 18 years old do not have legal authority to file a lawsuit themselves in Nevada. However, children still have legal rights after a car accident. Nevada law allows parents or legal guardians to file a personal injury lawsuit on behalf of accident victims under 18 years old. If the parents are unmarried, the parent with primary custody has the right to file a lawsuit on their child’s behalf.
How To Prove Liability In a Nevada Car Accident Case
To prove that the other driver was at fault, a plaintiff must prove negligence.
This means that four elements (or requirements) must be met:
- Duty. The other driver must have had a duty of care toward others on the road. For example, a driver is expected to follow traffic signals, obey the rules of the road, and drive with caution toward other drivers under the circumstances.
- Breach of duty. A successful claimant must show the other driver breached their duty or failed to act with the reasonable care that an ordinary driver would be expected to use.
- Causation. The at-fault driver’s actions must have caused the injuries to the accident victim. If a driver runs a red light and strikes another vehicle in the intersection, causation is simple to show. If the other driver was part of a multi-vehicle accident and may not have started the crash, causation becomes more difficult to prove.
- Damages. The crash caused by the at-fault driver must also have led to damages for the crash victim.
Negligence is usually proven through evidence, including medical bills, property repairs, therapy costs, medical records, photos, videos, and more.
What Is the Statute of Limitations for a Personal Injury Claim in Nevada?
The statute of limitations for filing a personal injury lawsuit in Nevada is two years from the date of the accident. Parents of a child injured in an accident must be mindful of this deadline and consult an attorney who can file suit ahead of Nevada’s statute of limitations.
How Is a Settlement Distributed for Children After a Car Accident?
Lawsuits in personal injury cases often end in a settlement between the plaintiff and the defendant driver. Where does the settlement money go? Settlements in car accident claims involving children must be approved by the court and placed in a trust for the child’s benefit.
Consult a Nevada Car Accident Lawyer About Your Child’s Legal Rights
If your child has been injured in a car accident, they have important legal rights and a right to financial recovery. Our experienced Las Vegas personal injury lawyers understand the difficulty of your child’s experience and will fight for financial recovery on their behalf. Contact Battle Born Injury Lawyers legal team today at 702-570-9000 to learn more and schedule your free consultation.
