Parents and other guardians of children can find that caring for a child after a serious injury is significantly harder than it was before the injury occurred. Routine tasks like lifting, driving, doing laundry, or cooking may no longer be possible while recovering from the injury. As a consequence, it may be necessary to hire outside help. Plaintiffs in this circumstance sometimes wonder if they can include the cost of child care in their personal injury lawsuit claims.
Nevada law allows plaintiffs in personal injury cases to include “replacement services” in the scope of the damages that are demanded in a lawsuit. Replacement services essentially covers things that the injured person used to do for themselves, but now must hire an outside person to do. This includes cooking and cleaning, and also includes taking care of children.
Replacement services are a form of economic damage, because they can be tied to real-world numbers. The actual cost of hiring a nanny or housekeeper, hiring a driver to take the kids to school, or hiring someone to cook can be proven with actual invoices or, if the plaintiff hasn’t been able to afford such services before the lawsuit begins, with reference to estimates or averages taken from services available in the plaintiff’s community.
As with other forms of damage, the cost of replacement services must be proven with reasonable certainty to be recoverable. Making a full accounting of the cost of child care will require consideration of a range of factors that include the anticipated likelihood of the plaintiff’s recovery to resume providing child care, and the age of the children involved (i.e., how long replacement services will be needed).
Although parents may seek to recover the highest possible compensation for child care services, courts may place some limits on what can be recovered. For example, a court may consider it unreasonable to provide plaintiffs with sufficient compensation to allow for a full-time, professional caregiver if the plaintiff’s circumstances would allow for a less expensive alternative. If prior to the injury the plaintiff shared child care responsibilities with another adult, the defendant may only be held liable for replacing the plaintiff’s services alone.
For more than 45 years the law firm of Greenman Goldberg Raby Martinez has helped clients in the Las Vegas area recover compensation for personal injuries. We are proud of our long history of providing caring, thoughtful service to each client. We work hard to take every part of a client’s life into consideration as we develop our cases. Please call us today for a free attorney consultation at 702-388-4476 or reach us through our contact page.