Every year, thousands of children fall victim to injuries or even death due to negligent driving. If your child is a victim, you may feel overwhelmed, especially with looming medical bills. Although a personal injury claim might offer some relief, it is important to remember that the legal process differs for children and adults.
A parent’s role in their child’s personal injury claim
Minors cannot legally sue, negotiate a settlement or accept money themselves. Their parents or legal guardians would have to file their claim for them.
If you have parental rights, you can bring a personal injury claim forward on behalf of your injured child. As with adult personal injury claims, proof that another person’s negligence caused the accident and resulted in the child’s injuries is necessary.
In Nevada, judges must authorize any out-of-court settlements. They will only approve if they believe the case’s conclusion is in your child’s best interests.
Additionally, the settlement process will involve a specific step known as the compromise of a claim for a minor. Since children cannot sign legal documents, you, as the parent, will enter the settlement on behalf of your child. With the court’s approval, the funds will be directed to a Blocked Trust account, which your child can access once they turn 18.
However, you might need the money now to pay for your child’s treatment. In that case, you must petition the court to release some or all the funds early.
While caring for your child, you may not have the time and energy to file a claim on their behalf. Consider hiring a personal injury attorney to manage the process for you. With their help, you could secure a fair settlement amount that can support your child’s recovery.
