Children are our world. When they are injured in an accident – something that could have been prevented but for the negligence of someone else – it is devastating. No one wants that to happen, but if it does, you deserve compensation to help your child recover as quickly as they can.
At Evan Miles Goldberg PLLC, our child injury lawyer in New York is here to provide support when needed and strong representation. We know your first priority is your child, and so we take these matters seriously. Contact us online or at 212-888-6497 to schedule a free consultation. We will discuss your case and outline your best legal options.
Common Child Injury Cases in New York
Unfortunately, there are many ways for a child to become injured. There are a few main categories of child injuries that tend to occur more frequently than others.
It is probably no surprise that auto accidents are one of the most common ways for children to become injured. Younger children are at higher risk for sustaining an injury in a car accident, which is why car seats are required by law for children under a certain age or size. On the other hand, children are at risk of being injured without so much as a seatbelt to protect them if they are riding on a school bus.
Teenage drivers have less experience than adults and may be more likely to be involved in a car accident. In these situations, insurance companies may try to take a statement from a teen driver before they have the chance to speak with an attorney. Always try to speak to a personal injury attorney first.
Broadly speaking, premises liability is a field of personal injury law involving injuries sustained on the property of another because of the owner's failure to maintain their property in a safe way. When it comes to accidents involving children, a property owner may face legal liability if they have an unfenced pool, for example, even though they are aware that children are using their property.
Manufacturers are responsible for producing safe products with adequate warning labels. If they fail, they can face liability. For example, if a faulty crib causes an injury during the middle of the night, the crib manufacturer could face liability. The same could also be true if the maker of a children's toy failed to warn of a choking hazard contained in the toy and led to a choking accident.
You may put your child into the care of another person or entity so that you can go to work or do what you need to do. When a place like a daycare facility fails to provide a safe environment, the daycare owner can be held vicariously liable for their employees. This happens often. The daycare may hire individuals without checking their background thoroughly and that person injures your child––this is known as negligent hiring. The facility can also be held liable simply because your child was injured while under the care of the daycare if the injury was caused by a negligent employee who was working at the time of the injury.
What Makes Accidents Involving Children Different in New York?
Because of their unique physiology, children may be more likely to sustain certain kinds of injuries, which necessitates a specialist's expertise. In addition, children are often less likely to fully articulate the anguish their injuries are causing them. An attorney who specializes in child injury cases may be able to convey this message to a judge or jury in order to fully get the message across.
Common injuries to children include:
- Birth injuries
- Dog bites
- Brain injuries
- Burn injuries
- Broken bones
- Orthopedic injuries
- Structural injuries
Who is Compensated for Accidents involving Children in New York?
The short, frustrating answer to this question is: it depends. Generally, parents are eligible to receive components of a claim that actually belong to them, such as medical bills for their child that they paid. Other damages, such as pain and suffering, may be put into an account to wait until the child turns 18.
Who Files a Personal Injury Claim on Behalf of a Child in New York?
If your child was injured because of another person's negligence, recklessness, or intentional act, a personal injury claim or lawsuit can be filed. Who files the lawsuit depends on the facts and circumstances. Typically, a parent or guardian files the lawsuit, but in some cases, a child may once they reach the age of 18 years old.
Further, depending on who files, the deadline for filing a claim or lawsuit will vary.
The rules are state-specific, so you always want to consult with an attorney in your jurisdiction to ensure the right person timely files a claim or lawsuit. Failure to do so could mean delays or dismissal of the case.
Why Do You Need a Child Injury Attorney in New York?
Hiring a child injury attorney gives you an expert in your corner who can ensure that you aren't taken advantage of. Other parties in your case will likely try to pay as little as they are legally obligated to, and a child injury attorney can maximize your chances of fair compensation.
Contact a Child Injury Lawyer in New York Today
If your child was injured and you are considering filing a claim, you should speak to an attorney who understands the unique aspects of child injuries. At Evan Miles Goldberg PLLC, we have represented children who have been injured. Call 212-888-6497 to schedule a free consultation today.