1. What should I do if my child is injured in an accident ?

If your child is injured in an accident, the first priority is to seek immediate medical attention, even if the injuries seem minor. Children may not always be able to fully express the extent of their pain or injuries, and prompt medical care is essential to ensure their well-being.

After addressing your child’s medical needs, document the circumstances of the accident. This includes taking photos of the scene, gathering contact information from any witnesses, and obtaining incident reports if the injury occurred at a school, daycare, or other facility. It’s also important to keep records of all medical treatments and follow-up care.

Avoid making any statements or discussing the incident with insurance representatives before consulting with one of our experienced Bronx child injury lawyers.

2. Who can be held liable for my child’s injury in New York?

In New York, liability for a child’s injury can fall on various parties depending on the circumstances of the accident. If the injury occurred on someone else’s property, such as a playground or daycare center, the property owner or operator may be held responsible for failing to maintain a safe environment.

If the injury happened at school, the school district, teachers, or staff could be liable if negligence, such as inadequate supervision or unsafe conditions, contributed to the accident. In cases where a defective product, such as a toy or playground equipment, caused the injury, the manufacturer or distributor may also be held accountable.

Our Bronx child injury lawyers will thoroughly investigate the incident to identify all responsible parties and build a strong case to ensure your child receives the compensation they deserve.

3. How is a child injury case different from other personal injury cases?

A child injury case differs from other personal injury cases in several significant ways. Children are more vulnerable to injuries, and the impact of those injuries can be more severe and long-lasting, affecting their development and future quality of life.

Additionally, the legal process often involves different standards when dealing with injuries to minors, including special considerations for settlements and court approvals. Parents or guardians must file a claim on behalf of the child, and any compensation awarded is typically placed in a trust or structured settlement to be accessed when the child reaches adulthood.

4. How much compensation can my child receive for an injury in New York?

The amount of compensation your child can receive for an injury in New York depends on several factors, including the severity of the injury, the impact on their future development, and the circumstances surrounding the accident.

Compensation typically includes medical expenses, such as hospital bills, surgeries, rehabilitation, and any ongoing care required. Your child may also be entitled to compensation for pain and suffering, which accounts for the physical pain, emotional distress, and any long-term impact on their quality of life.

In cases of extreme negligence or reckless behavior, punitive damages may also be awarded to hold the responsible parties accountable.

5. How long do I have to file a lawsuit for my child’s injury in the Bronx?

In the Bronx, as in the rest of New York, the statute of limitations for filing a lawsuit for a child’s injury is generally three years from the date of the accident. However, because the injured party is a minor, the statute of limitations may be extended, allowing the child to file a lawsuit up until they turn 21.

It’s important to note that certain circumstances, such as cases involving government entities or medical malpractice, may have different time limits. Given these variations and the complexity of child injury cases, it’s crucial to consult with our Bronx child injury lawyers as soon as possible after the accident.