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New York Child Injury Law

How to get compensation in the New York Child Injury law when your child has suffered from someone else’s negligence. It can be excruciating for parents to see their children in pain. Therefore child injuries in New York City are protected by Personal Injury Laws to decrease the impact of troubling incidents on the children and their guardians and provide fair compensation. 

Statute of Limitations for Child Injury in New York

Statute of Limitations is the time frame under which a victim has to file the lawsuit. Child injury is a critical case as the victim in infant according to the law. Usually, the statute of limitations for child injury lawsuit is three years. However, if the victim is under 18, the the statute of limitations will be three years from the date the child turns 18. 

Statute of Limitations for Exceptional Cases

The New York Child Injury Law provides special immunities to minors who were victims of sexual abuse and therefore the law extends the statute of limitations as sometimes the victim might take years to understand what happened to him. Previously, the victims were given a few years after they become 18 to file a lawsuite against child abuse. Untill 2019, when the New York Law extended the limitations to 55 years age if the child abuse victim to file the case.

Common Causes of Child Injury

Child injury in New York can be of various types having different legal grounds. Understanding the legal perspective of children’s cases will help file an effective lawsuit, thus increasing the chances of maximum compensation. These types include; 

  • Negligent supervision
  • Sport accidents
  • Negligent security
  • Bicycle accidents
  • Car accidents
  • Chocking
  • Defective products
  • Dog bites
  • Animal attacks
  • Exposure to toxic chemicals
  • Food poisioning
  • Medical malpractice
  • Physical assault
  • Sexual abuse
  • Swimming pool accidents 

Common Types of Injuries Children Suffer

New York Child Injury Law

Children are innocent and naughty creatures. They are more vulnerable to injuries while in school, daycare, parks, and even on roads as a careless driver can hit his car to a pedestrian track, causing injuries to passerbyes. Common types of child injuries due to the above mentioned incidents include;

Liable Entities in New York Child Injury Cases

Trusting the babysitter or a doctor or medical staff for the child’s care is a crucial decision. However, when the child suffers serious injuries, tarumas and pain due to the negligence of others, the parents can experience a state of emotionaly trauma and distress. An experiences personal injury attorney will help you file a lawsuite against the responsible person or entity which includes;

  • Medical staff
  • Healthcare providers
  • Schools
  • Bus drivers
  • Babysitters
  • Caretakers
  • Teachers
  • Coaches
  • Landowners
  • Church leaders
  • Manufacturers of toys

Take Help From a New York Personal Injury Attorney 

Being a parent or guardian, seeing your children in pain and trauma is a devastating experience. In such a difficult phase of your life, having an experinced attorney by side can minimize the sufferings. The personal injury lawyer enables you to focus on your child while and he will take care of the whole legal process from filing the lawsuit to getting the fair compensation. The child injury lawyer in New York will help you in the following ways:

  • Analyses the actual causes of your child’s accident and injury
  • Gather eveidences in the form of pictures, videos and testimonial of witnesses to prove the negligence of the at-fault party. 
  • Analyses the extent of child’s involvement as a cause and minimzing its impact on the lawsuit.
  • Sends a legal notice to all the parties responsible to acquire compensation.
  • Understanding and implementing legal frameworks in case the at-fault party creates complication or leads to denial of the claim.
  • Ensures you get compensation not less than you deserve and negotiates with the insurers tactfully.

Damages for Children in New York 

After you understand all the Child Injury Law and hire an experienced attorney, prepare a strong lawsuit and file for compensation. The at-fault party might manipulate the case or try to finish the case with compensation less than you deserve. However, you can have the following as a compensation;

  • Medical bills and expenses
  • Pain and sufferings
  • Loss of income of the victim’s parents
  • Emotional distress
  • Transport and traveling expenses

Child Injury cases are different from adult cases and thereby require years of experince to handle the at-fault party’s insurance compnies tactfully, to secure maximum compensation. An experienced attorney can help go through legal process efficiently and settle for what you deserve.