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If your child becomes injured, you may need financial help to pay for their medical treatment. You might also need to take time off work to care for your child, adding to your financial pressure.
If your child’s injury resulted from someone else’s negligence, you may be able to file a lawsuit and get monetary compensation to help cover these expenses in New York. A parent or guardian has to file a suit on their child’s behalf because, as minors, children can’t file lawsuits themselves. You’ll need a New York-based attorney who knows the state-specific rules, like the legal team at Catalano Law.
Our child injury lawyers will handle your case with compassion. We understand the stress you and your family are going through and will work diligently to help you win the compensation you deserve.
Compensation Laws in New York
In New York, a parent can sue on a child’s behalf if their child’s injury was a result of another entity or person’s negligence. Children have a right to compensation if they experience permanent injury or disability, emotional distress, or pain and suffering.
Parents or guardians may be eligible to receive compensation for current and future medical bills related to the child’s injury.
When is Compensation Available?
Monetary compensation is awarded if the person or organization is found liable. This means your child was injured because the person or entity (such as a daycare, or sports or social organization) acted negligently. Compensation is awarded for many types of injuries.
Injury at School
If your child was injured at school, the school or teacher can be held liable. This covers injuries from structural problems or improper supervision. It also includes mishandling a child’s food allergy or improper treatment of their illness.
Injured by a Driver in an Auto Accident
If your child is injured in an auto accident, the driver at fault is responsible for the cost of their injuries. This can include bus drivers and any other person who is responsible for transporting your child.
Injury Caused by Property Owners
Property owners can be held liable for a child’s injury that occurs on their property. This could include injuries from a dog bite, unsafe staircases, or a slip and fall due to icy conditions.
Swimming pools are especially hazardous. If the pool was not adequately fenced and an injury or drowning occurs, the property owner can be held liable. This is also true if there is improper supervision during pool use.
Injury Due to Manufacturers
Manufacturers are responsible if your child is injured by dangerously defective furniture, appliances, and more. Toys and other children’s products must be made for their safety. The manufacturers are legally responsible for any known problems that aren’t fixed, including choking hazards, tip-over risks, and the risk of the object catching fire.
Injury Caused by Medical Professionals
A doctor or other medical professional may be liable for your child’s injury. This stems from a lack of proper care or medical malpractice, including birth injuries.
The party responsible for an injury to your child doesn’t have to be 100% at fault for you or your child to be compensated, either. As long as they are found partially negligent, you or your child can be awarded damages to cover their medical bills and emotional distress.
How Compensation is Distributed
A judge must approve any settlement of a personal injury case involving a minor. The judge has a say in where the money is held and how the money is handled. They do this for the best interest of the child.
When a Child is Compensated
If smaller amounts are awarded, they may be distributed into a bank account where the child can manage the funds once they turn 18. Parents typically won’t have access to these funds.
When Parents are Compensated
Parents can be compensated for any financial costs stemming from their child’s injury. Money is awarded to pay for medical bills and further treatment. Parents can also receive payment of lost wages for the time spent taking care of their child.
Parents in New York are eligible for payments through Paid Family Leave up to 12 weeks if they have been working 20 hours or more per week for 26 weeks.
If Your Child is Injured in New York, Call Catalano Law
Dealing with the insurance claims and legal matters in addition to caring for your child after an injury can be overwhelming. Let the team at Catalano Law handle your child’s injury case; we know the ins and outs of New York’s child injury laws and will fight for the compensation you and your child deserve. Contact us for a confidential, free case evaluation today.
