As a parent, the idea of your child being harmed is your worst nightmare. When a child is injured due to the negligence of others, the whole family suffers. Beyond the immediate physical harm of the injury, families often face major financial hurdles due to expensive medical bills, rehab costs, and long-term care needs.
Fortunately, families who find themselves in this difficult position have legal options. Negligent parties can be held liable for child injuries through personal injury claims. If your child has recently been injured due to negligence, the team of experienced Las Vegas child injury lawyers at the Cottle Firm is here to help you understand your legal rights and seek financial compensation. Call us today at 702-722-6111 to discuss your case in a free consultation.
Child Injury Law
Child injury law is an area of personal injury law focused on protecting the rights of minors who suffer injuries due to the actions or negligence of others. This field of law covers a wide range of cases, such as car accidents, playground incidents, injuries related to inadequate supervision, and defective product injuries. Child injury lawyers seek to meet the unique needs of children and ensure that those responsible for the injury are held accountable.
Child injury cases often involve two separate rights of action. The injured child has the right to pursue compensation for their pain and suffering, while the parent or guardian may seek compensation for expenses related to medical care and other losses incurred due to the injury. In some cases, the court may appoint a parent or another responsible adult as a guardian to bring the lawsuit on behalf of the child.
The awarded compensation may go toward the parent or guardian for medical expenses and care, while other damages for the child’s suffering are usually held until they turn 18. In some cases, a structured settlement is used, which pays out compensation over time to help the family manage the financial impact of the injury effectively.
Common Causes of Child Injuries
Children are uniquely vulnerable to accidents and injuries. Unfortunately, many child injuries are preventable and only occur due to negligence, hazardous conditions, or in some cases, intentional harm. Below are some of the most common causes of child injuries.
Car Accidents
According to Medline, car accidents account for the largest number of accidental deaths among children. Children are especially vulnerable and may be injured as passengers, pedestrians, or cyclists. Even with seatbelts and child seats, young passengers are at a higher risk of serious injuries due to their smaller, more fragile bodies.
These incidents are often the result of driver negligence, such as distracted driving, speeding, or driving under the influence. Child injury lawyers help families seek compensation after car accidents caused by negligence. This compensation can be vital for covering medical care, rehabilitation, and emotional support for young victims.
Slip and Fall Accidents
Slip and fall accidents are among the most common causes of accidental injury in the United States. Children are more likely to suffer serious injuries in slip and falls, such as broken bones and traumatic brain injuries (TBIs).
In cases where the accident occurs on another party’s property, such as a retail store or public building, the property owner may be held liable if it can prove that the accident resulted from an unsafe condition caused by negligence. For example, property owners may be held liable for slips and falls caused by wet or uneven surfaces, poorly maintained floors, or cluttered areas.
Bicycle Accidents
Children are frequently injured in bike accidents, especially when riding in areas with heavy traffic, poorly marked lanes, or inadequate protective gear. Even with helmet use, accidents can lead to serious injuries, especially when a vehicle is involved. If a child is injured in a bicycle accident caused by a negligent driver, that driver may be held liable for damages in a personal injury claim.
Playground or School Accidents
Playgrounds and school injuries often occur due to inadequate supervision, unsafe equipment, or poor maintenance. Common incidents include falls from playground equipment, slips on poorly maintained surfaces, or sports-related injuries.
Schools, playgrounds, and municipalities are required to ensure a safe environment for children, and failure to do so can make them liable for injuries that occur on their premises. Child injury lawyers work to hold these institutions accountable, secure compensation for victims, and promote safer environments for children.
Swimming Pool Accidents
Swimming pools are a source of fun for many children, but they also pose serious risks. Drowning is one of the leading causes of accidental death among children. Swimming pool accidents are often preventable and stem from negligence, such as inadequate fencing, a lack of supervision, or slippery surfaces.
Pool owners, whether public or private, are responsible for maintaining safe pool areas to prevent accidents. Child injury lawyers work with families to establish liability and seek compensation for preventable pool accidents and injuries, which can cover medical expenses, therapy, and other support services for recovery.
Negligence and Abuse in Childcare Settings
In childcare settings like daycares, camps, and after-school programs, caregivers are entrusted with the safety and well-being of children. However, neglect in these settings can result in serious injuries, such as falls, burns, and more serious incidents involving inadequate supervision or even abuse.
In these cases, liability may fall on the childcare facility or individual caregivers for failing to prevent the accident or abuse due to negligence. An experienced child injury lawyer can help families seek justice and ensure that safety standards are improved to prevent future incidents.
How Can a Las Vegas Child Injury Lawyer Help?
Child injury lawyers help families understand and exercise their legal rights by holding responsible parties accountable for child injuries.
Case Evaluation and Investigation
The first step in any child injury case is a comprehensive investigation of the incident to determine how and why the injury occurred. A Las Vegas child injury lawyer will carefully examine the circumstances surrounding the injury, gather evidence such as witness statements, police reports, and photographs, and consult with experts if necessary.
The initial investigation helps establish liability, which could fall on an individual, a business, or a public entity. A skilled lawyer who understands the nuances of child injury cases will work to uncover any evidence of negligence that could strengthen the case.
Fighting for Fair Compensation
Once liability is established, a child injury lawyer advocates for fair compensation on behalf of the injured child and their family. Compensation in child injury cases may include medical bills, future rehabilitation, assistive devices, and non-economic damages like pain and suffering.
Since child injuries often have lifelong implications, lawyers work to secure a settlement or judgment that accounts for potential long-term needs, including lost earning capacity if the injury affects the child’s future ability to work. These damages are typically sought in injuries resulting in permanent damage. Lawyers negotiate with the insurance company and attorney of the negligent party to negotiate for a fair settlement that covers all economic and non-economic damages.
Navigating Nevada’s Child Injury Laws
An experienced Las Vegas child injury lawyer understands how state personal injury laws apply to cases involving young victims. They guide families through Nevada’s legal system, explaining each step of the process and ensuring that all necessary legal documentation is filed accurately and promptly.
Structuring Settlements for Long-Term Support
In cases where a settlement or judgment is reached, a child injury lawyer may help structure the compensation to ensure it meets the child’s long-term needs. A structured settlement can be set up to distribute the funds over time, providing the family with financial security and covering ongoing expenses.
For cases with significant compensation, this approach helps ensure that resources are available to support the child’s future needs, such as specialized medical care, physical therapy, or educational accommodations. A structured settlement can help reduce financial strain on the family while protecting the child’s best interests.
Damages in Child Injury Claims
Child injury victims and their families may pursue several types of damages, which can address both immediate and long-term impacts on the child’s life.
Economic Damages
Economic damages cover the tangible financial costs associated with a child’s injury. This can include immediate medical expenses, such as hospital bills, surgery, medication, and specialized treatments. Additionally, economic damages may account for long-term costs, such as rehabilitation, ongoing medical care, and special accommodations needed for a child’s disability. In severe cases where an injury affects a child’s future ability to work, lost earning capacity may also be considered economic damages.
Non-Economic Damages
Non-economic damages are intended to compensate for intangible losses, including the child’s pain and suffering, emotional distress, and loss of enjoyment of life. Injuries can disrupt a child’s development, social interactions, and mental well-being, and these damages are designed to recognize those disruptions.
Non-economic damages are essential in helping families recover and move forward after a traumatic injury. A skilled child injury attorney can help establish how the injury has affected the child’s life and fight for fair non-economic damages.
Punitive Damages
In cases where the injury results from particularly reckless or malicious behavior, punitive damages may also be awarded. These damages are intended to punish the at-fault party and discourage similar actions in the future.
For example, punitive damages may be sought if a caregiver or responsible party acted in extreme disregard for a child’s safety. While Nevada law (NRS 42.005) caps punitive damages in certain cases, they can provide families with additional compensation in severe instances of negligence or misconduct.
The Legal Process for Las Vegas Child Injury Cases
Child injury claims involve several stages. Understanding each step of the process can prepare families for what to expect as they seek justice and compensation.
Filing the Claim
The legal process begins with filing a personal injury claim against the negligent party, which could be an individual, company, or government entity. The child’s guardian or legal representative typically files this claim on behalf of the child. Working with a child injury lawyer can help ensure that the claim includes all relevant details about the injury, damages sought, and evidence of negligence or liability. The claim should be filed as soon as possible, as Nevada has a two-year statute of limitations for personal injury claims.
Discovery and Investigation
The discovery phase allows both parties to investigate the details of the case and gather evidence. This stage includes exchanging information, reviewing documents, taking depositions, and sometimes conducting independent evaluations.
For child injury claims, this phase often involves reviewing medical records, eyewitness accounts, and expert testimony on the child’s injuries and future needs. Discovery is key in building a strong case, as it helps the lawyer identify and reinforce critical evidence that supports the claim.
Negotiation and Settlement Discussions
In many child injury cases, the responsible party or their insurance company may prefer to settle the claim outside of court to avoid a lengthy trial. Child injury lawyers also strive for settlements to help families get the support they need as soon as possible. Settlement negotiations allow both sides to discuss and potentially agree on a fair compensation amount without going to trial.
A child injury lawyer uses their negotiation skills to advocate for a settlement that covers all of the child’s current and future needs. If an acceptable settlement offer is agreed upon, the case can be resolved without further litigation.
Going to Trial
If settlement negotiations do not result in an acceptable outcome, the case may proceed to trial. During the trial, both sides present their evidence and arguments to a judge or jury, who then decides on liability and damages. An experienced child injury lawyer can provide legal representation, argue the case, and present evidence to prove negligence and damages. A successful trial verdict can result in compensation that supports the child’s long-term recovery and quality of life.
Discuss Your Case with a Las Vegas Child Injury Lawyer
Child injuries can have long-lasting effects on a child’s life and their family. If your child has recently suffered an injury caused by negligence, your family deserves financial support for all the financial and personal difficulties you face. Contact the experienced Las Vegas child injury lawyers of the Cottle Firm today at 702-722-6111 to discuss your family’s legal options in a free consultation.