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Who Brings a Claim on Behalf of an Injured Child?

It is not always possible to avoid injury to a child. Children are continuously developing and are at risk for many different dangers. Depending on the severity of injury, the child’s future can be traumatically affected. There are safety guidelines in state and federal laws to protect children from the risks associated with products and activities. Too often, these laws are not enforced or are simply ignored. Children are easily injured by negligence and can lose their lives and futures to carelessness.

Child Injury Statistics

There are many common injuries that children are known to suffer from, and the most common injuries vary by age. The most dangerous time in a child’s life, according to the University of California, is the age of 15 to 17 months. Consider some of the following child injury statistics in the United States:

  • The leading cause of death in children over the age of one year old is trauma.
  • Each year, over 14 million children are injured.
  • Each year, over 6,600 children die from injuries.
  • House fires cause 47% of deaths in children from birth to the age of four years old.

Common Causes of Injury in Children

Some of the most common causes of injury in children include the following:

  • Birth Injuries
  • Medical Malpractice
  • Burns
  • Orthopedic Injuries
  • Animal Attacks/Dog Bites
  • Falls
  • Dangerous Toys/Defective Products
  • Poison
  • Car Accidents
  • Swimming Pool Accidents
  • Playground Accidents
  • Choking
  • Reactions to Prescription Drugs

Child injury cases are often very complex. The injury attorneys at Grey Law can help you recover financial compensation for your:

Recovery Compensation in Child Injury Case

When you contact an attorney to help you with a complex child injury case, you can recover compensation for the following:

  • Past/Present/Future Medical Expenses
  • Physical Pain and Suffering
  • Mental/Emotional Pain and Suffering
  • Lost Wages and Future Earning Potential
  • Disfigurement
  • Funeral Expenses in Wrongful Death Cases

The fact is that most child injuries are easily prevented by taking proper precautions and being safe. If you have a child who has been injured, hire an attorney to investigate the accident and/or defective products to give you a thorough evaluation of the responsible party and the value of your case.


Many child injuries are caused by the negligence of an adult. For example, poor supervision can lead to injuries on the playground, at daycare, in the child’s home, or in someone else’s home. Examples of who may be responsible for the negligence that resulted in injury include:

  • The Injured Child’s Parents
  • The Parents of Another Child (where injured child was in their care)
  • An Institution (school, daycare, etc.)

Whenever a person accepts responsibility for a child, they are accepting a duty of care that makes them liable for the child’s safety. If that duty is breached, then you and your child can receive compensation for the injuries, expenses, and suffering experienced.

Proving Negligence

When it comes to proving negligence, there are a few things to keep in mind. To begin with, you must establish that none of the following situations apply:

  • The Injured Person/Parent of Injured Child Gave Consent for Action that Caused Injury
  • The Plaintiff is Partially Responsible with Contributory (Comparative) Negligence.
  • The Injured Person Was Doing Something Illegal When Injury Occurred.

Frequently Asked Questions

How much time do I have to file a lawsuit on behalf of my injured child?

In Nevada, a statute of limitations will apply to any lawsuit. When it comes to children, the statute of limitations will run out within one year for the parent to file a claim, though it will not run out for the child to file a claim until one year after his or her 18th birthday. Medical malpractice cases have different rules, including a statute of repose. This a set and absolute limitation to file a claim, no matter how old the child is. That statute of repose for a medical malpractice case is three years. In some situations, the minor can take legal action at any time before they turn 19. If you give formal notice before the statute of limitations runs out, then you may be able to extend the deadline. For a more specific answer regarding your own case, contact a Nevada personal injury attorney.

What damages can be recovered when a child is injured?

The damages that can be recovered when a child is injured will include past, present, and future medical bills, lost wages and/or future earnings potential, pain and suffering, disability, disfigurement, and loss of enjoyment of life. Parents can even recover damages for loss of service of the injured child.

How much can be recovered in medical bills?

You can recover any reasonable and necessary medical bills that are created through an accidental injury. If the injuries are going to require ongoing medical treatment, future medical bills can be recovered in the settlement or judgment as well.

Can I recover damages for physical pain and suffering?

Any physical discomfort caused by an injury is considered to be pain and suffering, and you can recover damages for this in your personal injury case.

Can I recover damages for mental/emotional pain and suffering?

Any mental or emotional anguish, fear, grief, anxiety/worry, distress, humiliation, etc. is considered to be mental/emotional pain and suffering, and you can recover damages for this.

Can I recover damages for disfigurement?

Any permanent injury that impairs a person’s appearance, such as lost limbs, scars, burns, etc. is considered to be disfigurement, and you can recover damages for this.

Can I recover damages for loss of enjoyment of life?

When a person loses their ability to enjoy life, engage in former activities, etc., this is considered loss of enjoyment of life, and you can recover damages for this.

Can I recover damages for disability?

When a person loses their ability to engage in the same physical activities that they could do before the injury, this is considered to be a disability, and you can recover damages for this.

Can I recover damages for lost earning capacity?

When someone loses their ability to earn money by working, this is considered to be a loss of future earning capacity, and you can recover damages for this. Lost earning capacity can exceed the amount of lost wages when someone who was on the road to making more money becomes unable to continue with that path. For example, a college student can recover what he or she would have made if he or she had been able to continue with education and begin the intended career path.

What should I do if I think I may have a personal injury claim for my child?

The most important thing to do when you think you may have a personal injury claim for your child is to contact an attorney right away. This is the best way to ensure that the evidence is gathered in a timely manner. Keep in mind that the insurance company will be attempting to gather evidence to refute or minimize your claim, so you need an attorney who is doing the same thing to support your claim.

How much time do I have to file a lawsuit for the death of my child?

Typically, you have about one year from the date of the injury that causes death to file a lawsuit. However, the answer to this question can be more complicated, depending on your case, so contact an attorney for a more exact idea of how long you have to file your lawsuit.

What damages can I recover in a lawsuit for the death of my child?

If you file a lawsuit for the death of your child, you can recover medical expenses, funeral expenses, and the pecuniary value of the child’s life. The pecuniary value of the child’s life would include potential earned wages and the loss of love and affection.

What do I do if my child died because of someone else’s negligence?

If your child has died because of someone else’s negligence, you need to contact an attorney right away to start gathering evidence that will validate your claim.

Choosing a Las Vegas Child Injury Lawyer

It is essential to contact a Las Vegas child injury lawyer whenever your child has been injured or killed by the mistake or negligence of another party. You can get a free consultation and discuss the specifics of your case and the potential value of your claim.


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