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Minors and Children Law

Persons under 18 years of age are classified as minors. Minors, whether teenagers on the cusp of adulthood or children just becoming teenagers, all receive protection under the law. Accidents involving children are the very hardest to deal with. Parents are left to deal with the crisis of a dog bite or a car accident. Often times, there are actually two cases or claims: one for the child (victim), and one for the parent for emotional distress. Call Benson & Bingham immediately for advice on whether you the parent may have a claim.

It is imperative that the proper steps be taken to protect the potential case of a child. It is best to get pictures of the injuries to help preserve the actual damages. Children are also protected by the statute of limitations, in that, the limitations period is extended until the 18th birthday to file a lawsuit. While the law offers protection, it is best to initiate a claim as soon as possible for multiple reasons, including, but not limited to preservation of: evidence, financial recovery from a defendant, and preservation of medical records.

By law, funds recovered on behalf of minors must be secured in a blocked trust account until the age of eighteen. Benson and Bingham have recovered thousands for young children who have been the victims of dog bites, animal attacks and school negligence or school bus accidents.

Cars that speed kill, or maim children. Bikes, tricycles, and skateboards can be disastrous when cars hit children riding these vehicles. Toddlers swallow toys that are not safe, and children injure themselves at school due to negligence of teachers, schools, and the Clark County School District. Call Benson & Bingham today if your child has become a victim. We will set up appointments with the finest plastic surgeons and medical providers to help you cope with the distress of your injured child.

Personal Injury Settlements and Child Support Orders

Nevada Personal injury settlements are immune from child support orders up to a limit.

Often in personal injury actions, clients may have child support owed to a mutual parent. The District Attorney is quick to make attachments to those settlement proceeds when they become noticed of such funds. Like it or not, the injury settlement is personal to the accident victim and is immune in Nevada up to the limits of $16,150.00. According to NRS 21.090 the limitation is clearly spelled out:

NRS 21.090  Property exempt from execution.

1.  The following property is exempt from execution, except as otherwise specifically provided in this section or required by federal law:

(u) Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

While certain persons may find this law wrongly affects single parents who may be entitled to past support, it is the obligation of the personal injury attorney to represent his client.

Did you Know: Both Joe Benson and Ben Bingham are members of the Million Dollar Advocates Forum multiple times and both were selected as Top 40 Trial Lawyers under 40 in 2012?