Car accidents are universally distressing experiences, leaving no one unscathed. However, when the victims are children, the emotional toll amplifies, adding an extra layer of heart-wrenching anguish. Beyond the immediate trauma and the arduous path to physical recovery, parents of these young survivors often find themselves grappling with a unique burden—the weight of financial implications. In this article, we embark on an exploration of the average settlement for a child in a car accident in Nevada, shedding light on the nuanced considerations that shape the average compensation for these vulnerable victims.
Our journey through this legal landscape will also include a discussion of the statute of limitations for car accident cases involving children in Nevada, which offers a safeguard for their rights while accounting for their unique circumstances. We’ll guide you through the essential steps in filing a child car accident claim, from seeking immediate medical attention to the potential need for litigation. And, as a beacon of hope, we’ll introduce you to the top-rated car accident attorneys at BLG, who specialize in child car accident cases and are dedicated to helping families secure the compensation they deserve.
The Average Settlement for a Child in a Car Accident in Nevada
In Nevada, there is no typical compensation for a child involved in a car crash. Every accident has a different value depending on what caused the accident and injuries the child sustained.
Let’s understand some of these factors and how they shape the compensation figure.
Severity of Injuries
The extent of injuries sustained by your child and the driver significantly influences the compensation amount. Typically, graver injuries lead to higher settlements. Common injuries in car accidents involving children include whiplash, fractures, head injuries, and emotional trauma. The settlement takes into account medical expenses, continuous treatments, anticipated future medical care, and the impact on the child’s quality of life when determining financial damages.
Liability
Determining who bears the blame and responsibility for the crash is another crucial factor. Nevada operates under a comparative negligence rule, implying that if the child’s behavior played any part in the accident, the compensation might be adjusted downward accordingly. Proving the fault and liability can sometimes be challenging, so it’s essential to have a skilled personal injury lawyer who can build a strong case.
Insurance Coverage
The type and extent of insurance play a pivotal role in settlements involving children in car accidents. While Nevada mandates that all drivers carry basic liability insurance, it might not always cover a child’s complete injury expenses. If the responsible driver lacks proper insurance or has none at all, securing just compensation becomes more challenging. In such cases, uninsured/underinsured motorist coverage may come into play.
Legal Representation
Having an experienced car accident attorney by your family’s side can significantly impact the outcome of your child and family’s car accident settlement. A personal injury attorney can guide you through legal intricacies, handle insurance negotiations, and safeguard the rights of your child and family. Their expertise is invaluable in maximizing the potential settlement.
Property Damage
In addition to personal injuries, property damage to the driver or vehicle involved in the accident may also be a factor in the settlement. This includes the cost of repairing or replacing the damaged vehicle. It’s important to document the extent of child’s injuries and property damage accurately to ensure fair compensation.
Lost Wages for Parents
When a child is injured in a car accident, parents or guardians may need to take time off work to care for the child or attend medical appointments. Lost wages for parents should be discussed with serious injuries with an attorney and whether they can be included in accident settlement negotiations.
Statute of Limitations for Nevada Car Accident Cases
In Nevada, it’s vital to consider the legal time frame for car accident claims when a child is involved. This legal time frame dictates how long you have to start legal proceedings after an incident.
Here’s what you need to know about the statute of limitations for car accident claim cases involving a child in Nevada:
General
In Nevada, the general statute of limitations for personal injury cases, including those stemming from car accidents, is two years. Essentially, you have a two-year window from the accident date to initiate a lawsuit for injuries and damages.
Minors
Children have distinct legal rights compared to adults when involved in car accidents. Nevada’s legal system acknowledges that minors might lack the understanding or legal know-how to independently chase a claim.
As a result, the statute of limitations for minors is often “tolled” or paused until they reach the age of 18. This means that the two-year countdown does not begin until the child turns 18. So, if a child is injured in a car accident at the age of 10, they would have until their 20th birthday to file a lawsuit.
Parental or Guardian Action
Often, in cases with minors, a parent or guardian might step in to start the legal process on the child’s behalf. This approach safeguards the child’s rights and ensures claims align with the set legal time frames.
Exceptions
While the general rule is that the statute of limitations is tolled until the child’s 18th birthday, there can be exceptions. Say a child’s injuries weren’t evident right away; the statute of limitations might start when these significant injuries are or should’ve been, identified.
Navigating the Legal Pathways
To file a child car accident claim in Nevada, there are several essential steps to follow:
Seek Medical Attention:
The immediate well-being of your child should be your top priority. Promptly seek medical care, as this not only ensures their physical health but also serves as a critical aspect of your claim. Medical records provide a comprehensive account of injuries sustained, a vital element in the pursuit of compensation.
Contact Law Enforcement:
Inform local authorities about the accident as soon as possible. Their role in documenting the incident is invaluable. They will file an official report, which becomes a crucial piece of evidence when determining liability. This official documentation is a testament to the incident’s occurrence, providing an objective account that can greatly influence the outcome of your claim.
Gather Evidence:
The strength of your case lies in the quality and quantity of evidence collected. Be meticulous in gathering relevant information, including photographs of the accident scene, witness statements, and medical records. This evidence serves as the foundation upon which your attorney will build a robust case. Additionally, documenting the contact information of witnesses is invaluable, as their testimony can corroborate your child’s account of the accident.
You should also gather any evidence to support the impact the car accident has had on your child’s quality of life. This includes the severity of your child’s pain and suffering from their injuries and your child’s inability to participate in normal activities.
Contact an Attorney:
Consult a seasoned personal injury lawyer with expertise in child car accident cases. They’ll offer legal guidance, evaluate your case’s merits, and assist in maneuvering through the legal process.
Negotiate with Insurance Companies:
Your attorney will handle negotiations with the involved insurance firms to secure a fair settlement. If negotiations fail, they can help you take matters to the court.
Litigation (if necessary):
If a fair settlement cannot be reached through negotiation, your attorney will guide you through the litigation process, representing your child’s best interests in court.
The Top-Rated Car Accident Attorneys at BLG Can Help You Win Your Claim
The average settlement for child car accidents in Nevada involves a complex interplay of factors, from the severity of injuries to liability, vehicle damage, and insurance coverage. Navigating these legal pathways can be challenging, but with the right legal representation and a thorough understanding of the process, you can ensure that your child receives the settlement amounts they deserve. If your child has been involved in a car accident, consult with an experienced attorney who can guide you through the intricacies of the legal system, allowing you to focus on your child’s recovery and future well-being.
The Bourassa Law Group has a team of expert personal injury attorneys devoted to seeking justice and fair compensation for clients. We answer your questions and help you through your journey to seek compensation with our legal guidance.
Book a free consultation call with us today and take the first step toward justice!
1-800-870-8910