Car accidents involving children can be scary. Whether your child was a passenger in a car that crashed or a pedestrian hit by a car, they could suffer significant injuries. There are many legal issues unique to child car accident cases. You should work closely with a Nevada car accident lawyer for help navigating a claim for your child.
How Do Child Injury Claims Work in Nevada?
Child injury claims are unique. Many legal issues involving children operate differently than when they include adults.
Who Brings a Child Injury Claim Forward?
Children under 18 don’t have legal standing to file a lawsuit themselves. Instead, a parent or other representative must file a claim on their behalf. If the parents are married, either may file a personal injury lawsuit. For unmarried parents, only the custodial parent has standing in court to file a lawsuit on behalf of the child.
How is Negligence Proven in Car Accident Cases?
The plaintiff has the burden of proof to show that these elements exist. A preponderance of the evidence must prove each element. That means you must show the jury that most of the evidence indicates the other party was negligent.
In a car accident case, you must prove the at-fault driver had a duty, the driver breached that duty, the breach caused injuries, and the victim suffered damages
Proving Negligence in a Child Passenger Case
You must prove the other driver’s negligence if you crashed with your child in the car. This might involve showing that the driver had a legal duty to follow the rules of the road, such as the speed limit. If evidence of speeding exists, they breached their duty.
You may need to present an expert opinion showing that speeding caused the crash, which led to your child’s injuries. Then, damages can be offered with medical bills, disability documentation, and other proof of economic and non-economic losses.
What Are Your Options When Your Child is Involved in a Pedestrian Accident?
If your child was walking or biking along the roadway and got hit by a car, you must prove the driver’s negligence.
The driver may fight back and claim your child was outside of a crosswalk or otherwise jointly negligent. However, children are not held to the same legal duties as adult drivers. Instead, the jury must consider the age and developmental maturity of the child.
To prove negligence in a child pedestrian accident case, you must show that the driver breached a legal duty. For example, all drivers must abide by traffic control signals.
If a driver sped through a red light without stopping and hit a child crossing the road, they would be negligent. If that accident caused injuries that resulted in damages, then the driver can be held responsible.
Who Is Held Liable in Child Car Accident Cases?
If an adult driver is negligent, they will be held liable for any damages they cause, including injuries to the child.
If the fault lies with another child, then liability depends on the age of the at-fault child. Children under the age of 7 are not typically held liable for injuries they cause to others, even other children.
The liability of children older than seven is considered based on age, maturity, and circumstances. Teens, especially those driving the other car, will be held responsible similarly to adults. The parents of children may also be held accountable in some situations.
What Is the Statute of Limitations for Child Injury Claims?
In Nevada, the deadline to file a personal injury lawsuit is two years from the date of injury. This is called a statute of limitations. The statute of limitations date is a critical step in every case. Never let a statute of limitation lapse without filing a lawsuit when one is warranted.
How is the Settlement Distributed?
The court must approve any settlement in a case involving children. Further, any funds received from the case must be placed in a trust for the child’s benefit. The parents of the child may be the trustees of that trust. However, they must get court approval to use any of the funds in the trust for the benefit of the child.
If the trust has more than $10,000 in it, the trustees must file an accounting annually of all activities, including money that has been withdrawn.
Contact a Child Injury Lawyer for Help
If your child has been involved in a car accident, you may not know where to start. The law can be complex when children are harmed. You and your child have a right to compensation to pay for your damages. Oronoz & Ericsson Injury Lawyers will help recover everything you lost. Contact us for a free consultation of your specific situation. Call us at (702) 935-1762 or reach out online.