Nevada car accident cases involving children — whether as passengers, pedestrians, or bicyclists — require attention to several legal rules that differ from adult personal injury claims. The statute of limitations, damage calculations, settlement approval requirements, and insurance dynamics all operate differently when the injured party is a minor, and understanding these distinctions can make the difference between a settlement that adequately compensates the child and one that leaves them financially shortchanged.
Statute of Limitations for Minor Injury Claims
Nevada tolls the statute of limitations for minors under NRS 11.250. A minor who is injured in a car accident does not have to file suit within the standard two-year limitations period — the clock begins running on the minor’s claim when the child turns 18. This means a child injured at age 5 has until age 20 to file a personal injury lawsuit on their own behalf. However, the parents’ derivative claims — for medical expenses incurred on behalf of the child and for loss of the child’s services during the period the child was under 18 — are subject to the standard two-year limitations period running from the date of the accident. Insurance companies sometimes exploit this distinction, settling the parents’ derivative claims while the child’s primary claim remains open. Parents of injured children should understand that settling the parents’ derivative claim does not release the child’s independent claims.
Court Approval for Minor Settlements
Nevada requires court approval under NRS 41.200 for any settlement of a minor’s personal injury claim that exceeds $25,000. A petition must be filed in the district court, describing the accident, the injuries, the treatment, the settlement terms, and the attorney fee arrangement. The court holds a hearing and must find that the settlement is in the minor’s best interest before approving it. The approved net settlement proceeds — after attorney fees and costs — must be paid into a blocked savings account or structured annuity accessible only by the minor upon reaching 18, or by court order for the child’s benefit before that time. Settlements below $25,000 can be approved by a parent or guardian without court involvement, but even those settlements bind the child only when properly documented.
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Marathon Law Group represents Nevada families pursuing personal injury claims for injured children. Contact us for a free consultation.