July 24, 2024 As parents, the safety and well-being of our children are our top priorities. Unfortunately, accidents can happen, and children can suffer personal injuries as a result. When a child is injured due to someone else’s negligence, it’s important for parents to understand how the legal process of filing a claim for a minor works in New York.
If your child has been hurt as a result of someone else’s negligence, use this post as a guide on how to handle the process of filing a claim on their behalf.
Understanding Personal Injury Claims Involving Children
When a child is involved in an accident, they are naturally more vulnerable to injuries than adults. These injuries can lead to long-term physical, emotional, and financial losses.
In New York State, minors – individuals under the age of 18 – have the right to seek compensation for their damages that result from another party’s negligence. However, filing a claim involving a minor entails unique considerations and protocols compared to personal injury claims involving adults.
Legal Guardianship & Representation
Children under the age of 18 cannot file lawsuits on their own behalf. A parent or legal guardian must initiate the claim as the child’s representative. This legal requirement ensures that the child’s interests are protected throughout the legal process.
Tolling of the Statutes Of Limitations
In New York State, the statute of limitations for personal injury claims (not including medical malpractice or wrongful death claims) is three years from the date of the accident.
While this rule is typically hard and fast for adults, the statute of limitations does not begin for minors until they reach the age of 18. This means, a legal guardian can make a claim on behalf of the minor up until they turn 18, and the injured child can file a claim for up to 3 years after their 18th birthday.
Structured Settlements and Court Approvals
In most jurisdictions, including New York, any settlement involving a minor must be approved by a court. This safeguard ensures that the settlement is fair and in the best interest of the child. A judge reviews the settlement terms during a court hearing. The judge considers whether the settlement amount is adequate to cover the child’s current and future needs.
For substantial settlements, courts often approve structured settlements. These provide periodic payments over time rather than a lump sum, ensuring that funds are available for future needs such as education, medical care, and living expenses.
Common Personal Injury Claims Involving Children
Personal injury claims involving children can arise from various incidents, including but not limited to:
- Motor Vehicle Accidents: Children can sustain serious injuries as a result of motor vehicle accidents – either as passengers or pedestrians. These accidents can result in severe injuries, including broken bones, head trauma, and spinal cord injuries. Negligent driving, failure to properly secure the child with a car seat or seat belt, and poor road conditions are all major causes of these accidents.
- Playground Accidents: A playground should be a safe place for a kid to be a kid, but injuries can occur when proper precautions are not taken. Defective playground equipment, poor maintenance, or inadequate supervision can lead to serious injuries while children are at play. Common playground injuries include fractures, broken bones, concussions, and cuts.
- Medical Malpractice: Errors in medical treatment or diagnosis can severely impact a child’s health, and medical personnel or healthcare establishments can be held liable for negligence. Cases of pediatric malpractice can involve birth injuries, misdiagnosis, or improper treatment.
- Dog Bites: Children are often the victims of dog attacks, which can result in serious physical and emotional trauma. In instances where a child sustains bite wounds or other serious injuries from a dog attack, the owners of the violent or improperly controlled animals may be held liable.
- Defective Products: Toys, car seats, and other children’s products that are poorly designed or manufactured can cause injuries to children. Manufacturers, distributors, or retailers may face liability for injuries caused by faulty products.
- Daycare or Nursery Accidents: When a parent leaves their child at a daycare or nursery, they expect a safe and reliable environment. However, accidents and injuries can occur in these settings if the provider is negligent, there is lack of proper staffing, or a failure to maintain proper safety standards.
Steps to Take After An Accident Involving A Child
Immediately following any accident involving a child, ensuring their health and safety is top priority.
- Seek Medical Attention: Ensure your child receives prompt medical care. This not only prioritizes their health but also documents their injuries, which can be a valuable asset when filing an injury claim.
- Document the Incident: Gather as much evidence as possible, including photographs of the accident scene, witness statements, and police or incident reports.
- Keep Records: Maintain detailed records of all medical treatments, expenses, and any other costs related to the injury. Also, document any changes in your child’s behavior or emotional state.
- Consult an Attorney: A personal injury lawyer experienced in cases involving children can provide invaluable guidance. They can help evaluate your case, gather evidence, negotiate with insurance companies, and represent you in court if necessary.
Why Choosing the Right Personal Injury Lawyer Is Important
Selecting the right personal injury lawyer to handle your child’s personal injury claim is one of the most important steps in the claims process, as the right lawyer can help to alleviate the stress of filing a claim and help you to achieve a favorable outcome. Here are some tips for choosing the right attorney:
- Experience: Look for a lawyer with extensive experience in handling personal injury claims, including claims involving children. They should have a track record of successful settlements and verdicts in similar cases.
- Reputation: Research the lawyer or firm’s reputation by reading reviews, testimonials, and case results from past clients. A reputable lawyer who is known for achieving fair settlements for their clients is more likely to garner respect from insurance companies and opposing counsel.
- Trial Experience: Although very few personal injury cases ever make it to the courtroom, having a personal injury lawyer with a successful track record in the courtroom is not something to overlook. In the event that attorney recommends going to trial, in which they will act as your representative in front of a judge and jury.
- Communication: Choose a lawyer who communicates clearly and regularly. They should keep you informed about your case’s progress and be available to answer your questions.
- Compassion: All personal injury cases, especially ones involving children, require a lawyer who is empathetic and understands the emotional toll these situations take on families.
Cellino Law Is Here To Help
When your child is injured due to someone else’s negligence, you need a law firm that is dedicated to protecting their rights and ensuring that your family recovers compensation they deserve. At Cellino Law, our team has decades of experience litigating on behalf of personal injury victims across New York, some of whom are children. Our compassionate and skilled attorneys are here to support you and your child through every step of the legal process.
If your child has been injured, don’t hesitate to seek the help you deserve. Contact Cellino Law today at 888-888-8888. Our attorneys are ready to provide the guidance and representation you need to achieve the best possible outcome for your child’s case.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.