Child Injury Lawyer Explains
Nevada Laws
Injuries to children
Having a child injured in an accident is any parent's worst nightmare.
If you think negligence was involved in an accident that injured your child, call Heshmati & Associates at 702-432-1000 to speak with a child injury lawyer.
Consultations are free.
Where do most children's accidents happen?
Below is only a shortlist of places where children can be injured:
- Accidents on the road (DUI accidents, reckless driving accidents, car accidents where the child was a passenger, pedestrian accidents, bicyclist accidents, bus accidents)
- Accidents at school and daycare center (unsanitary school conditions, tripping and falling over an object, malfunctioning playground equipment, caregiver busy texting, sports-related injuries, swimming pool accidents, bullying)
- Accidents because of the use of defective products (unsafe toys, child car seats, fireworks, tip-over bookcases, dressers and TV stands, contaminated foods)
Suing for a child injury
In many ways, a child's accident claim is very similar to an adult's injury claim. The child injury lawyer has to prove that the negligence or carelessness of another party caused the accident, connect that negligence to the victim, determine the damages, and file an accident claim to get monetary compensation for all past medical bills, future medical bills, and pain and suffering.
However, three (3) things make a child accident claim different:
a) A child (under 18) cannot file a lawsuit. The child's parent, both parents, or a guardian must file a lawsuit on behalf of the child.
b) A Blocked Trust Account (sometimes called a Court Blocked Account) with a bank must be open to deposit the settlement money for the child. When the child turns 18, they will have access to this account. The parents may petition the court to release some or all of the funds early. However, the court may not allow it. The judge will approve the earlier use of funds only if it is in the child's best interests.
c) The law doesn't allow the child to sign for themselves until they become adults. All injury compensations involving minors require an approved Minor's Compromise. Through a Minor's Compromise, a judge permits a parent to sign documents to receive money on behalf of a child.
See NRS 41.200 for details.
Calculating the cost of long-term care after the child's injury
In some cases, long-term care (aka LifeCare Plan) is necessary, and the attorney has to calculate the cost of future medical care.
The child injury lawyer often brings expert witnesses (doctors, psychologists, economists, and other specialists) to testify and help calculate future damages and costs.
Child Brain Injury Trust
Many parents ask us to explain what a "Child Brain Injury Trust" is and why a "Child Brain Injury Trust" is needed.
In Nevada, the law states that a Blocked Trust Account must be open to keep the accident compensation for all child injuries, and child brain injury cases are no different. Usually, this Blocked Trust Account is created before the judge approves the disbursement of payments.
The child's part of the settlement goes into a Blocked Trust Account opened at a reputable bank and must stay there until the child turns 18.
The parents may petition the court to release some or all of the funds early. However, the court may or may not allow it. The judge will approve the earlier use of funds only if it is in the child's best interests and on a case-by-case basis.
In addition, all injury compensations involving minors require an approved Minor's Compromise. For more info, see NRS 41.200.
Child injury and Class-Action lawsuits
Your child's injury case (especially when unsafe products are involved) may be one of many similar cases occurring nationwide.
If you think your child's injury resulted from using an unsafe product, call us at 702-432-1000 and ask to speak with a child injury lawyer. We will research the facts of your accident and find out if your case is part of a series of class-action lawsuits.
There are state class-action lawsuits and federal class-action lawsuits. Even if we can include your case in a class-action lawsuit, it doesn't mean it has to be. However, the same legal rules may apply to your lawsuit if other cases like yours are happening around the country or in Nevada. It may affect the strategy of your case.
Could the child's injury be prevented?
In most cases, the law considers that the victim is a child who should not be responsible. The adults who could prevent the injury of a child are usually held accountable.
In Las Vegas and everywhere else in Nevada, first, the courts look at what kind of activity the child was engaged in during the accident and whether it was typical for a child of that age. Second, the courts would also examine whether the child has some training or experience in the activity that caused their injury. And third, could the defendant foresee the damage that the child sustained?
How long do you have to file a claim for a child accident?
In Nevada, the personal injury victim has two (2) years to file a lawsuit and demand accident compensation from the accident date. For minors, it is 2 years after the minor reaches the age of 18.
However, the longer you wait, the more you have to deal with missing evidence, eyewitnesses that moved to another part of the country and are not available to testify, or the business responsible for an accident filing for bankruptcy. Because of this, it is essential to speak with a child injury lawyer immediately after the accident. The child injury lawyer can take legal steps to preserve the evidence.
Foster home abuse and neglect
Child abuse in foster care is a serious issue. If you or somebody you know experienced foster home abuse and got injured, call us to discuss your case. When you call, ask to speak with an attorney who handles foster home abuse cases.
We can help
At Heshmati & Associates, we will make every possible effort to accommodate the child's best interests and bring the trauma of a lawsuit to a minimum. We do anything in our power to reduce the number of court appearances, physical examinations by doctors, and anything else that may create a negative experience for the child.
We take all child injury cases on a contingency basis. You don't have to pay until we get you money with a settlement or verdict at trial.
If you have questions, call us at 702-432-1000 and ask to speak with a child injury lawyer.
The initial consultation is free.
We represent clients in Las Vegas and Nevada.
Last updated on Janury 30, 2024.
