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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, which could add to your financial pressure.
When a child is injured because of someone else’s negligence, New York law gives parents important legal rights. Whether the injury happened in a car crash, on unsafe property, at school or daycare, or during an organized activity, families may be able to pursue compensation on a child’s behalf.
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. Working with a knowledgeable Syracuse child injury lawyer can help ensure your child’s rights are protected from the very beginning.
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
Compensation in child injury cases can extend beyond immediate medical bills. Depending on the circumstances, recovery may include future medical treatment, rehabilitation, therapy, pain and suffering, and, in some cases, emotional trauma or long-term developmental impacts that affect a child’s quality of life.
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. In addition, parents may be able to recover certain expenses they personally incur, such as out-of-pocket medical costs and lost income while caring for their injured child.
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, sport, or social organization) acted negligently.
Compensation is awarded for many types of injuries. Common situations that may give rise to a child injury claim include car accidents, unsafe property conditions, negligent supervision, defective products, and medical errors.
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 his or her injuries. This can include bus drivers and any other person who is responsible for transporting your child.
Car crashes are one of the most common causes of serious injuries to children, and claims may involve complex insurance and liability issues, especially when commercial or government vehicles are involved.
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 stairs, or a slip-and-fall due to icy conditions.
Swimming pools are especially hazardous. If a pool is not adequately fenced and an injury or drowning occurs in or around it, 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 meet certain standards of 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. 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 to ensure it’s used in the child’s best interests.
When a Child is Compensated
If smaller amounts are awarded, they may be deposited into a bank account that the child can manage 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 New York State’s Paid Family Leave up to 12 weeks if they have been working 20 hours or more per week for at least 26 weeks.
Important Deadlines for Child Injury Claims in New York
New York’s statute of limitations for injuries to minors is different than it is for adults. While a child’s time to file a personal injury lawsuit may be extended, claims for parents’ expenses often follow the standard deadlines. Additionally, cases involving government entities, public schools, or municipalities may require a formal notice of claim within a very short time frame.
Because evidence can disappear and legal deadlines can arrive quickly, taking action as soon as possible is one of the most important steps parents can take to protect their child’s future.
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.
At Catalano Law, our team has experience handling child injury cases and understands the unique legal and emotional challenges families face. Consulting with our team as early as possible allows our attorneys to help preserve evidence, comply with all legal timelines, and pursue every available avenue of compensation for your child.
Let the team at Catalano Law handle your child’s injury case. Contact us today for a confidential, free case evaluation.
