How Nevada Law Handles Accidents Involving Children

A child’s injury can turn a family’s world upside down. What begins as a simple outing to school, a park, or a store can end in a trip to the emergency room, months of treatment, and years of worry. When that injury was caused by someone else’s carelessness, Nevada law offers protection. But pursuing a legal claim for a minor is not the same as doing so for an adult.

The legal process for accidents involving children includes special rules, extra steps, and unique considerations. From who can file a claim to how settlements are approved, families need to understand how the law treats young victims.

In this blog, we explain how Nevada law handles accidents involving children, what parents should do after an injury, and how compensation works when a minor is hurt due to another person’s negligence.

Children and Negligence: Understanding the Legal Framework

In most injury cases, the law looks at whether someone acted reasonably. If they did not, and someone got hurt, they can be held liable. With children, this basic concept still applies, but there are key differences.

Children cannot file legal claims on their own. In Nevada, minors under the age of 18 are considered legally incompetent to bring lawsuits. That responsibility falls to a parent or legal guardian. This person becomes the “next friend” or representative who files on the child’s behalf.

Also, the standard for negligence changes depending on the child’s age. For example, the law does not expect a 6-year-old to act with the same caution as an adult. Courts often consider what is reasonable for a child of that age and maturity level.

If your child has been injured because someone failed to act safely, explore our practice areas to learn how different legal claims apply to minors.

Common Types of Accidents Involving Children

Children can be injured in almost any setting. Some of the most common causes include:

  • Motor vehicle crashes, including as passengers or pedestrians
  • Slip and fall accidents at stores, parks, or schools
  • Injuries caused by defective toys or products
  • Accidents at daycare or while in the care of others
  • Animal attacks, especially dog bites
  • Unsafe property conditions, such as swimming pools or construction zones

Each of these situations may involve different legal strategies. For example, a child injured by a broken toy may have a product liability claim, while a fall on wet flooring may be handled as a premises liability case.

If the injury occurred at a business or school, visit our Las Vegas slip and fall attorney or grocery store accident attorney pages to learn more.

Special Rules for Filing a Claim on Behalf of a Child

When a child is injured, the parent or guardian files a personal injury claim on their behalf. This claim can include both economic and non-economic damages, such as:

  • Medical bills
  • Pain and suffering
  • Emotional distress
  • Future treatment costs
  • Loss of enjoyment of life

Because children often have long lives ahead, future damages are a big factor. For example, a head injury that affects concentration or coordination may reduce a child’s ability to earn income as an adult. That potential loss must be calculated carefully.

Nevada law also requires court approval of any injury settlement involving a minor. This is done to ensure the child’s interests are protected. The court may appoint a guardian ad litem, a neutral person who reviews the case and recommends whether the settlement is fair.

Money awarded to the child is typically held in a trust or blocked account until they turn 18, unless the court approves an early release for medical needs or other justified expenses.

For families navigating these steps, our contact page is the best way to speak directly with a legal professional.

Comparative Negligence and Children in Nevada

In Nevada, personal injury claims are subject to a legal rule called “comparative negligence.” This means that if the injured person is partly at fault, their compensation may be reduced.

With children, courts apply this rule based on age and maturity. Very young children are generally presumed not to be at fault at all. For older minors, such as teens, courts may consider their actions more critically.

For example, if a 16-year-old jaywalks and is hit by a car, the court might assign partial blame. But if a 4-year-old runs into the street, most of the blame will likely fall on the driver or supervising adult.

This rule does not prevent families from filing claims, but it does affect how damages are awarded. Your attorney will investigate all details to present the clearest case possible.

If your child’s injury was caused by a driver, read more on our Las Vegas vehicle accident attorney page.

Time Limits and the Statute of Limitations

Under Nevada law, personal injury claims generally must be filed within two years of the date of the accident. However, when the victim is a minor, the deadline is extended.

In most cases, the two-year period does not begin until the child turns 18. This means they have until age 20 to file their own claim. However, it is still best for parents or guardians to act sooner. Evidence fades, witnesses disappear, and insurance companies begin building their defense immediately.

Waiting may also delay access to the compensation your child needs for care, education, or therapy. Our team encourages early action to protect your rights and your child’s future.

To understand how these timelines apply to your specific case, contact us for a free consultation through our contact page.

Seeking Compensation for Long-Term Impact

Children often heal better than adults, but not always. Some injuries cause lasting physical, emotional, or psychological harm. These include brain injuries, spinal cord damage, vision loss, and trauma-related disorders.

At Lach Injury Law, we work with medical professionals and specialists to calculate both current and future needs. Compensation should cover everything from ongoing treatments to lost opportunities later in life.

If the injury resulted from medical treatment or error, you may also explore our wrongful death attorney or [medical malpractice] sections. Many cases overlap, especially when the injury happens during childbirth or at a hospital.

Let Us Help You Protect What Matters Most

When your child is hurt, you want answers, support, and justice. The legal system can feel overwhelming, but you do not have to navigate it alone. Lach Injury Law is here to stand with you and fight for your family’s future.

We understand that children are not just small adults. Their cases require care, patience, and deep attention to detail. Our team handles everything, from filing paperwork to working with experts, so that you can focus on healing.

Explore our blog for more insights, learn more about us on our about page, or contact us directly today for a free consultation. Your child deserves protection. Let us help deliver it.

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