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Practice Areas: Personal Injury
Seeing your child hurt in a car accident is every parent’s nightmare. Seeking compensation after an accident can also prove challenging. In Nevada, when a child is injured in a crash, the legal process differs from adult cases in ways that can be confusing and overwhelming. You may be wondering how to file a claim, what your child is entitled to, and how to protect their future.
It’s essential to understand your rights and what steps to take next if your child was injured in a Nevada car accident. This guide explains everything in plain language, from medical care and insurance to court-approved settlements. Keep reading to learn how to make sure your child gets the care and support they need.
Making sure your child receives medical attention should be your top priority after a crash. Be aware that the symptoms of some injuries don’t show up right away, especially with children. Always take your child to a doctor or emergency room for a complete evaluation, even if they say they’re fine.
Report the crash to law enforcement once you’ve secured your child’s safety. A police report documents the facts of the case and can serve as helpful documentation if you file a legal claim. Also, try to collect as much evidence as possible—photos of the scene, the vehicles involved, and any visible injuries.
Keep all medical records and receipts. If your child was secured in a car seat, do not discard it, but also don’t use it again, even if it looks fine. The condition of the car seat could be relevant in determining liability or identifying product defects.
A car seat involved in an accident should be replaced—even if there’s no visible damage—per National Highway Traffic Safety Administration (NHTSA) guidance.
Children under 18 cannot file lawsuits on their own in Nevada. A parent or guardian must bring the claim. Nevada law also requires court involvement when a settlement involving a minor is reached.
In cases where a child is injured in a Nevada car accident, the claim must be brought by a parent, guardian, or a court-appointed guardian ad litem.
The process used to protect a minor’s settlement is called a Minor’s Compromise, governed by NRS 41.200. This law requires court approval before a settlement is finalized. The court must determine that the compensation is fair and that the money is to be used for the child’s benefit.
The court may appoint a guardian ad litem to represent the child during the settlement process. The judge or court may also order the funds to be placed in a blocked account or trust until the child turns 18.
Under Nevada law (NRS 41.200), any settlement involving a minor must be approved by a court to ensure it is in the child’s best interest.
Injured children and their families may be entitled to various types of compensation, including:
The total value of a child injury case depends on the severity of the injuries, the expected recovery time, and the impact of the accident on the child’s development. Courts handle these claims with extra care to protect the child’s financial future.
If another driver caused the crash, their liability insurance typically covers your child’s injuries. If they lack insurance or have limited coverage, your own uninsured/underinsured motorist (UM/UIM) policy may apply.
Sometimes, your child might be riding with a relative or friend who is at fault. In those cases, you can still file a claim through their auto insurance without personally suing them. You’re not targeting the individual. Thus, you can seek compensation without having to worry about straining a personal relationship.
Filing a car accident claim also may not be your sole option. If a defective car seat or restraint system contributed to the injury, you may have a separate product liability case against the manufacturer or distributor.
Nevada uses a rule called comparative negligence. This law impacts compensation if the injured person is partly at fault. However, this rule works differently for children than it does for adults.
Children under seven are presumed incapable of negligence that might contribute to an accident or their injuries. The court may consider the age and maturity of older children when determining fault. In most cases, drivers—not child passengers—are found responsible.
The outcome of any legal case depends on its unique facts. Past results do not guarantee future outcomes.
The court must approve it if your child receives a settlement for accident-related injuries. This rule applies regardless of whether a lawsuit was filed.
Below is a simple outline of how the process works:
|
Step |
Action Required |
Notes |
| 1 | Seek immediate medical treatment | Keep detailed records |
| 2 | Report the accident | Police report is essential |
| 3 | Consult a personal injury attorney | Helps navigate complex steps |
| 4 | File a claim | With the at-fault driver’s or UM/UIM insurance |
| 5 | Submit Minor’s Compromise | Court reviews settlement terms |
| 6 | Funds are distributed | Often held in trust until child turns 18 |
Failure to obtain court approval can delay or jeopardize the claim. The court’s role is to ensure that all funds are used appropriately and in the child’s best interest.
According to the Nevada Office of Traffic Safety, over 600 children under the age of 16 were injured in motor vehicle crashes statewide in 2022.
No, children under 18 are not permitted to file lawsuits. A parent, guardian, or appointed representative must pursue the injury claim on the child’s behalf in Nevada.
It’s a legal process that requires court approval to finalize a settlement for a child’s injury claim. This is to ensure the amount is fair and used in the child’s best interest.
You may recover medical expenses, pain and suffering, emotional distress, educational disruptions, and future treatment costs resulting from the accident and its impact on your child’s development.
You can still file a claim through their auto insurance policy. It doesn’t require suing the person directly—just utilizing their insurance to cover your child’s injuries.
No, the court usually places settlement funds in a restricted account or structured trust that the child can access when they turn 18 or as ordered by the court.
From medical bills to emotional recovery, the road ahead can feel overwhelming after a child is hurt in a car accident. Nevada law has specific protections in place for minors, but understanding and navigating these rules takes care and experience.
It’s essential to take the proper legal steps early if you’re facing this situation. Working with an attorney who understands how Nevada courts handle child injury cases can help protect your child’s future and give you peace of mind during a stressful time.
Gina Corena & Associates helps families in Las Vegas handle injury claims involving children with care, clarity, and legal experience. If you’re unsure what steps to take next, legal guidance may help you move forward with confidence.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
