Can I File A Personal Injury Claim For My Child?
Parents always do whatever they can to ensure their children’s safety. Unfortunately, children may be injured as a result of someone else’s negligence in some cases. If your child is injured as a result of another person’s carelessness, the wrongdoer should be held financially liable for your child’s injuries and other damages.
However, minors cannot file a personal injury claim on their own. As a result, the parents or legal guardians have the option of filing a claim on behalf of the child. When a situation arises in which their child is injured, parents typically feel anxious or frustrated. It is critical to maintain your cool and seek legal counsel as soon as possible. An experienced child injury lawyer can review the case and advise the kid’s parents on their legal options.
Defining A Child Injury Claim
A child injury claim is a type of legal claim in which the plaintiff seeks compensation for the child’s injuries. Because minors are unable to file a claim or appear in court, the parents or legal guardians must file the claim on their behalf. As with any other type of claim, the plaintiff must demonstrate that the defendant was somehow responsible for the incident that resulted in the child’s injury. Child injury claims, on the other hand, differ from adult injury claims in a few ways. Children do not understand the laws as adults do and they do not perceive dangerous situations in the same way. As a result, the court will consider this when deciding the case.
Types of Personal Injury Cases Involving Minors
Children can get injured in wide variety of places and situations, here are some of the most common ones:
Children enjoy riding bicycles, but they can be injured if a distracted driver collides with them. Since bicycles offer so little protection, even a small impact can cause serious injuries to a kid.
Motor vehicle crashes:
One of the most common causes of child injuries is car accidents. A car accident can occur as a result of distracted driving, speeding, driving under the influence, or reckless driving. Even if the children in the car are using car seats, booster seats, and/or seatbelts, they can sustain serious injuries in a serious car accident.
Children, particularly younger children, are the most common victims of dog bites. Furthermore, children under the age of four are more likely to sustain serious injuries because they are typically attacked in the face and neck area.
Children, like adults, can be victims of medical malpractice. Some types of medical negligence, however, only apply to children. Birth injuries, for example, or negligent medical treatment for the mother during pregnancy.
Kids may be injured while walking on the sidewalk or crossing the street by a negligent driver.
Defective product injuries:
Defective products that endanger children can result from a lack of proper quality control. For example, the design of a toy may be dangerous to children of a certain age, or the paint used for the toy may be hazardous to children.
Recreational and sports injuries:
Organizers of recreational events and sports activities for kids must ensure that the premises are safe and that the kids are using the correct protective gear for the sport they are practicing.
Slip and fall accidents:
Landlords and property managers have a duty of care. They must ensure that hazardous conditions are removed from the premises. Objects obstructing the way, ice or snow and puddles are some of the most common causes of slip and fall accidents.
While most children enjoy going to playgrounds, they can also sustain injuries while playing. Some playgrounds may have design flaws that endanger children.
What Kinds of Compensation Can You Recover After a Child Injury?
A child injury can leave a kid with long term physical and emotional consequences. For that reason, you and your lawyer must ensure that the compensation you are receiving is fair. These are the most common damages that are included in child injury claims:
- Present and future medical bills
- Pain and suffering
- Mental anguish and emotional trauma
- Permanent scarring or disfigurement
- Diminished future earning capacity
Who Would Be Defendants In Child Injury Cases?
Depending on the specifics of your child injury claim, the defendant can be a regular individual, a company or even a government entity. If your kid was injured in a car, bicycle or pedestrian accident by another car, the vehicle driver would be the defendant. If the minor is injured on private property due to a slip and fall accident, the landlords or property manager would be defendants in that case.
If your child was harmed due to medical malpractice, the doctor, hospital or clinic can be held responsible. A company that produced a defective toy would be the defendants if a kid was harmed after playing with their product. If a minor is injured on a public park, public school or on another public institution, the respective government entity in charge of that property would be the defendants.
What is the Statute of Limitations for injury to a child in New York?
In New York, the statute of limitations for child injuries is three years from the date of the accident. Nonetheless, because the victim is a minor, it is possible to wait until the child reaches the age of 18 before filing the claim on their own. In that case, they would have three years after their 18th birthday to file a personal injury claim for the past injury.
However, waiting until the victim reaches the age of 18 is not always a good idea. Evidence can be lost, and memories can fade. This may reduce your chances of receiving fair compensation. Once the child’s parents or legal guardians file a claim and receive compensation, the victim will be unable to seek additional compensation in the future.
How is a Child Injury Settlement Paid Out?
The settlement amount is usually deposited into a trust account. The funds will be released to the victim once they reach the age of 18. The money cannot be spent by the parents or legal guardians unless the court grants permission. If they need to pay for medical bills or other expenses, the court may grant an exception if the parents show that the funds are being used for the benefit of the child.
Greenberg & Stein Child Injury Lawyers
For most parents, seeing their kid suffer due to an injury can be very painful. For that reason, parents must ensure that their kid’s rights are being protected. If your kid was injured due to another person’s negligence, they must be held responsible. Greenberg & Stein P.C., is a law firm in New York, with some of the best child injury lawyers. Our attorneys will do everything they can to help you receive the compensation that your child deserves. Call us at 212-681-2535 to schedule a free consultation to review your case.