The child receives the parents’ undivided attention and affection. Children usually get injured while playing, but what if they get hit by a drunk driver and get hurt? In such cases, the child and the parents can separately claim for the child injury lawsuit. In this blog, you will learn more about child injury claims in Las Vegas.
Claims for Injuries
The child and the child’s parent separately can file for claims in court. Claims include pain, suffering, and mental trauma caused to the child due to the injury. Future medical expenses and income loss that the child will suffer after he turns eighteen are also covered. A parent’s claim usually includes:
- The child’s medical costs.
- Necessary costs related to the injury.
- The loss of the child’s services.
Time Limit for Claims
Usually, a two-year period after the injury is admissible in court. Medical malpractice cases occurring before the child’s fifth birthday should get filed by the child’s seventh birthday. Any malpractice after the child turns seven should get filed within two years of the injury.
Wrongful Death of the Child
If the child loses his life due to the injury, the parents can claim the child’s wrongful death. If the parents are divorced, both the parents can separately file for the claim, the trial judge can allocate the compensation based on the evidence of the child’s custody.
Parents or Caretakers Negligence
In the child’s claim, the parent’s fault or the caretaker’s fault can not affect the child. For example- parent negligence at the time of driving can not be attributable to the child.
Premises Liability
When the child gets harmed in someone else’s property, the property owner is liable to pay the claim. The child or the parent can claim based on the fact that the owner knew the probability of the child entering his property but did not take measures to protect the child from hazards. The child’s incapability of understanding the hazardous situation can serve as a reason to file the claim. It is also called Attractive Nuisance.
Conclusion
Physical injury to the child can be painful for the parents, and when the damage results in the child’s death, the pain is unbearable. The child injury claim can get filed by the child or his parents themselves or with the help of a personal injury attorney.