6 Must-Ask Questions Before Hiring a Lawyer for Your Child’s Injury Case

When a child gets hurt, parents go through one of the hardest times in their lives. In addition to medical and emotional support, families have to fight for their child’s legal rights. Choosing the appropriate attorney is critical—asking the correct questions can help you avoid costly mistakes, get the compensation that your child deserves, and protect their future.

Below are six essential questions every parent should ask before hiring a lawyer for their child’s injury case.

1. What experience does a lawyer need to handle child injury cases effectively?

Not every personal injury attorney has the experience necessary to handle child injury cases in New York. These cases involve additional steps that are not part of standard adult claims, such as:

• Judicial oversight: In New York, all settlements involving minors must be approved by the court through what’s called an Infant Compromise Order. Your lawyer must be familiar with preparing and presenting these petitions.
• Guardian involvement: Depending on the case, the court may appoint a guardian ad litem to review the settlement terms and protect the child’s interests.
• Medical and developmental concerns: Injuries can affect a child’s growth, education, and long-term health differently than adults. A lawyer must know how to work with pediatric medical experts and economists to project future needs.

Ask potential attorneys whether they have successfully handled cases like yours in New York—whether involving playground accidents, school injuries, auto accidents with child passengers, or medical malpractice. Experience with courts, judges, and procedural rules makes a real difference.

2. What types of compensation are available for a child’s injuries, and how are they calculated?

Compensation in child injury cases extends beyond urgent medical expenses. A skilled attorney will determine both current and future damages, which can include:

Emergency medical care, surgeries, and ongoing treatment

• Past and future medical costs (surgeries, therapies, counseling, rehabilitation)
• Pain and suffering endured by the child
• Loss of enjoyment of life, such as being unable to participate in sports or hobbies
• Impact on education and development (for example, if the child needs special education services after the injury)
• Loss of future earning capacity if the injury limits the child’s ability to work later in life

New York courts are stringent about ensuring that settlements are fair to children. Judges frequently examine the method used to assess future damages. That is why your lawyer must collaborate with medical professionals, life-care planners, and economists to forecast the long-term consequences of the accident.

3. Will a guardian ad litem (GAL) be required for my child’s case?

In certain cases in New York, the court may appoint a guardian ad litem to represent the child’s best interests. This typically occurs in the following situations:

• The court believes additional independent oversight is needed.
• There may be a potential conflict of interest between the child and the parent or guardian bringing the claim.
• The settlement terms are particularly complex.

The GAL is typically an attorney who evaluates the settlement and reports back to the court on whether it is appropriate for the child. While parents remain integral to the process, the GAL serves as an additional protection. Your lawyer should be able to inform you whether a GAL will be appointed in your case and how the process will proceed.

4. What should I do right now to protect my child’s legal rights?

The steps you take immediately following your child’s injuries can have a long-term impact on the case. Ask your attorney what you should do to support the claim, which could include:

• Document everything: Keep all medical records, receipts, and correspondence related to the injury.
• Preserve evidence: If the injury happened at school, a daycare, or a public park, notify the appropriate authority in writing. For municipal or state-owned properties (like NYC playgrounds), you may need to file a Notice of Claim within 90 days of the incident.
• Take photos and videos: Document the injury itself, the accident scene, and any hazards that contributed.
• Avoid speaking with insurance companies: In New York, insurers may try to settle quickly and cheaply. Do not provide recorded statements without your lawyer.
• Follow medical advice: Consistent treatment creates a documented record that strengthens your child’s case.

Your lawyer will take you through these preliminary procedures, helping you in preventing frequent traps that could jeopardize your claim.

5. Can settlement funds be used freely, or are they restricted for the child’s benefit?

In New York, settlement funds for minors are not handed directly to parents. Courts closely monitor how the money is handled to ensure that it is kept for the child. Common arrangements include:

• Deposit into a court-controlled account (blocked account): The funds cannot be withdrawn until the child turns 18 without a court order.
• Structured settlements: Payments are spread out over time, often covering key milestones such as college tuition, medical care, or other major life events.
• Trust accounts: In some cases, funds may be placed in a special trust designed to protect the money until adulthood.

Parents are not allowed to spend these funds freely for home expenses. However, with court approval, restricted withdrawals may be permitted for particular purposes directly benefiting the child, such as medical or educational expenses.

Your attorney should explain the various possibilities available under New York law and assist you in determining the best arrangement for your child’s future.

6. When will my child gain access to the settlement, and can they reopen the case later if needed?

In New York, children cannot normally access their settlement funds until they reach the age of majority, which is 18 years. If the settlement is structured properly, payments may continue well past that age, depending on the court-approved plan.

It’s also important to recognize the finality of settlements in New York. When a judge approves an Infant Compromise Order, the settlement is final and cannot be revisited, even if the infant develops new medical difficulties. That is why, before agreeing to a settlement, your attorney should carefully consider the potential long-term ramifications.

Protecting Your Child’s Rights Starts Today. Let Our Experienced New York Legal Team Guide You

Your child only gets one chance to be fairly compensated after a serious injury. In New York, the laws regulating child injury cases are complex, and courts take particular steps to protect kids. The lawyer you choose will have a significant impact on whether your child obtains the financial security and protection they deserve.

At Greenberg & Stein P.C., we have decades of experience representing injured children and their families throughout New York City. We understand the intricacies of infant compromise orders, guardians ad litem, and the strict requirements New York courts impose on child settlements. Our team works tirelessly to anticipate your child’s long-term needs and fight for the compensation they deserve. Contact us at 212-681-2535 to schedule a free consultation to review your case.