State and federal agencies have implemented strict standards of safety for children’s products and activities. Unfortunately, those standards are seldom enforced, which leads to an increase of children’s injuries. If one or more of those safety standards are violated and a child is hurt because of it, the parents or legal guardians of the child may have grounds to pursue a personal injury claim against the negligent party.
A personal injury claim for children’s injuries requires an adult to file the claim on their behalf. This adult must either be the child’s parent or legal guardian. Time limits on filing child injuries claim are much different than those of adults. For a personal injury claim involving a child, the statute of limitations does not end until the child’s 21st birthday for injury claims against people or regular corporations. For medical negligence cases against children the time limit to bring a claim expires 10 years after the date of injury or 2 ½ years after the child’s 18th birthday whichever is sooner. For cases against towns, cities, villages, counties or other city/municipal agencies, the time to bring a case for a child is 1 year and 90 days after their 18th birthday (NOTE: Even though a child has a long time to bring a case against a municipality, they still are required to file a Notice of Claim against the municipality or agency. This must be done within 90 days of the accident or incident. A medical malpractice claim against a municipal hospital for a child must be made within 90 days and then the child has 10 years after the injury to bring a lawsuit. If a child is injured by the State of New York or one of it’s departments/divisions, the claim must be submitted within 90 days. Claims against the Port Authority of New York and New Jersey must be brought within 10 months after the injury with a lawsuit filed within 1 year (a claim can be instituted anytime within the 10 months but you must wait until at least 60 days after the claim is made to start the lawsuit.
Because young children require specialized medical care in the event of an injury and because long term conditions will affect a child for more years than an adult, payouts for successful child personal injury claims are known to be larger than others. However, successful claims also require experienced representation.
At Greenberg & Stein, P.C., we want to see your child be given the best possible medical treatment for his or her injuries in order to ensure that they recover quickly and fully. Our New York City personal injury attorneys are equipped with the skill and passion required to see your child’s personal injury claim succeed.
Contact a New York City child injury lawyer from our firm for the professional support and legal advice that you need.