My Child Was Injured In New York, Can I Bring A Personal Injury Claim On Their Behalf?

Our personal injury attorneys frequently receive calls from parents who want to know if and how they can help their injured child recover compensation from those who were responsible for their child’s injuries. Child injury cases are emotional for parents who want justice for their child and to make sure that they are able to afford the care necessary to help their child heal and cope with the injuries they have suffered.

The answer is yes, in general, parents and guardians may file a claim on their injured child’s behalf against parties who have caused their child’s injuries and damages. Not all child injury cases are the same, however, and there are different statutes that may apply to your case, depending on whether or not the responsible party was a public or private entity. 

Common Types Of Children’s Injuries

Unfortunately, children’s injuries are common, and most often, they are just a result of bad luck. In other cases, though, children suffer injuries due to someone else’s negligent or reckless conduct. Types of children’s personal injury cases that we frequently see in our practice include the following:

• Drowning accidents
• Car accidents
• Pedestrian accidents 
• Bicycle accidents
• Dog bites
• Birth injuries
• School injuries
• Daycare accidents  

Defendants In Child Injury Cases

If your child was injured at school, at a public park, or on other public property, the defendant in your case might be a school district, a municipality, or another government entity. Other potential defendants might include negligent childcare providers, property owners in premises liability cases, and negligent medical professionals and their employers. If your child was injured in a car, bicycle, or pedestrian accident, a motor vehicle driver or a party responsible for dangerous road conditions might be responsible. 

It is important to note that if a government entity is responsible for your child’s injuries, you may have a shorter time to act than you do with other types of personal injury cases. In New York, if your personal injury case is against a government entity, you are typically required to file a notice of claim within 90 days of the accident. If you miss that deadline, you may lose your right to collect compensation for your child’s injuries and damages. 

Compensation For Children’s Injuries

We know that you do everything you can to protect your child and prepare for the future, but there are some events that you cannot plan and prepare for, such as your child suffering catastrophic injuries caused by someone else’s fault. If your child’s injuries are severe and long-term or permanent, your child may be entitled to compensation for long-term care, future medical expenses, loss of earning capacity, loss of enjoyment of life, and pain and suffering. If the defendant’s misconduct was egregious, your child might receive compensation for punitive damages, as well. 

Any settlement monies or trial award for your child’s injuries will likely only be available to your child when he or she is an adult. With few exceptions, such as reimbursing parents for accident-related medical expenses, the money a child is awarded in a personal injury case cannot be spent until the child is an adult and receives access to the funds. Typically, compensation will be placed into a protected account for your child’s future use.