What to Do When Your Child is Injured: Navigating Personal Injury Claims for Minors
When a child is injured due to someone else’s negligence, it can be an overwhelming experience for parents or guardians. While your priority is ensuring your child’s recovery, pursuing a personal injury claim can help cover medical expenses, rehabilitation costs, and compensate for pain and suffering. However, injury claims involving minors follow a unique legal process. In this blog, we will walk through the essential steps to take if your child has been injured and you are considering filing a personal injury claim.
Step 1: Seek Immediate Medical Attention
The health and well-being of your child are the top priorities. Even if the injuries seem minor, it’s important to seek medical attention to rule out any internal injuries and document the extent of the harm. Medical records will also serve as critical evidence in the personal injury claim.
Step 2: Document the Incident and Gather Evidence
After addressing your child’s immediate medical needs, gather as much information as possible about the accident. This includes:
- Photos of the accident scene and your child’s injuries
- Contact information for witnesses
- Accident reports (e.g., police reports, school or daycare incident reports)
- Any relevant video footage, if available
Thorough documentation can strengthen your claim and help establish liability.
Step 3: Notify Relevant Parties
Depending on where the injury occurred, you may need to notify the responsible party. For example:
- If the injury happened in a car accident, report it to the at-fault driver’s insurance company.
- If the injury occurred at school or daycare, notify the administrators.
- For injuries on private property, notify the property owner.
Make sure you notify the appropriate parties as soon as possible to comply with any reporting deadlines.
Step 4: Understand Guardianship and Legal Representation Requirements
Since minors cannot file lawsuits or settle claims on their own, a parent or guardian must act on their behalf. In some cases, the court may require the appointment of a guardian ad litem—a legal representative who ensures that any settlement serves the child’s best interests.
It is also crucial to consult with an experienced personal injury attorney to help you navigate the complexities of the legal process and negotiate a fair settlement for your child.
Step 5: File a Personal Injury Claim
Once you’ve consulted with a lawyer and gathered the necessary evidence, your attorney will file a personal injury claim on behalf of your child. This claim may seek compensation for:
- Medical expenses (including future treatment or rehabilitation)
- Pain and suffering
- Emotional distress
- Loss of future earning capacity if the injury results in long-term disability
Step 6: Comply with the Statute of Limitations
Nevada, like many states, has a statute of limitations that sets a time limit on when a personal injury claim can be filed. However, the rules are different for minors. In Nevada, the statute of limitations for a child’s personal injury claim is generally two years from the date of the injury. But if the child is under 18, the statute may be “tolled,” meaning it does not start running until the child turns 18. However, it’s essential to act as soon as possible to avoid complications or delays.
Step 7: Court Approval of Settlements
If the case is settled out of court, the settlement must still be approved by the court to ensure the amount is fair and in the best interest of the child. The court may also require that the funds be placed in a blocked account until the child turns 18 to prevent misuse.
Step 8: Handling Settlement Funds
In most cases, any compensation awarded to the child will be managed carefully to ensure it benefits them. Common options include:
- Structured Settlements: Payments are spread over time to provide ongoing financial support.
- Blocked Accounts: The funds are held until the child reaches the age of majority.
- Special Needs Trusts: If the child has long-term medical or care needs, a trust can ensure the funds are used appropriately.
Why Legal Representation Matters in Minor Injury Cases
Navigating a personal injury claim for a minor can be complex, with unique legal requirements such as court approval of settlements and the involvement of guardians or trustees. An experienced attorney will:
- Advocate for the best outcome for your child
- Ensure compliance with state laws and deadlines
- Negotiate with insurance companies to maximize the settlement
Conclusion
When a child is injured due to negligence, parents and guardians have a responsibility to protect their child’s future by seeking compensation through a personal injury claim. Understanding the legal steps—from seeking medical care to managing settlement funds—ensures that the claim is handled effectively. If your child has been injured, consult with a knowledgeable attorney to help you navigate the process and secure the compensation they deserve.
Need Help Filing a Personal Injury Claim for Your Child?
If your child has been injured and you’re unsure where to begin, contact our legal team today for a free consultation. We’ll guide you through the process and fight to get the compensation your child deserves.
