Personal Injury Claims for Children in New York: What Parents Should Know

When a child is injured because of someone else’s negligence, the situation can be overwhelming for families. Medical care, emotional stress, and financial concerns can quickly follow an accident. In New York, parents or legal guardians typically take legal action on behalf of an injured child to pursue compensation for the harm caused.

Understanding how personal injury claims involving children work can help parents protect their child’s rights and pursue appropriate compensation. At Law Offices of Jonathan Van Dina, PLLC, we can provide legal assistance to the Hicksville public when a child has been injured due to another party’s negligence.

Common Causes of Injuries to Children

Children can suffer injuries in many types of accidents. Because they may not fully understand risks or dangers, they can be particularly vulnerable to harm in situations where adults or property owners fail to take reasonable precautions.

Common accidents involving children include:

• Car accidents
• Bicycle or pedestrian accidents
• Playground accidents
• School-related injuries
• Dog bites
• Defective or dangerous products
• Unsafe property conditions

When an injury occurs because someone acted carelessly or failed to maintain a safe environment, a personal injury claim may be possible.

Who Files a Personal Injury Claim for a Child?

Because minors cannot legally file lawsuits on their own, a parent or legal guardian typically files the claim on the child’s behalf. In many cases, the court may appoint a parent as a guardian ad litem, meaning they represent the child’s interests throughout the legal process.

Parents may seek compensation for:

• The child’s medical expenses
• Pain and suffering experienced by the child
• Long-term medical treatment or rehabilitation
• Emotional distress
• Permanent injuries or disabilities

In some cases, parents may also pursue reimbursement for medical bills they paid for their child.

New York’s Statute of Limitations for Child Injury Claims

New York generally provides extended time limits for personal injury claims involving minors. While many personal injury claims must be filed within three years of the accident, the statute of limitations for a child’s claim may be “tolled,” or paused, until the child turns 18.

This means a child may have until age 21 to file a personal injury lawsuit in many situations.

However, claims against government entities, such as public schools or municipalities, often involve much shorter deadlines and may require filing a Notice of Claim within 90 days of the incident. Because of these strict timelines, it is often important for families to explore their legal options as soon as possible.

Court Approval for Settlements Involving Children

In New York, settlements involving injured minors usually require court approval. This process is designed to ensure that any settlement agreement truly serves the child’s best interests.

If a settlement is reached, the court may require that the compensation be placed into a protected account or trust until the child reaches adulthood. In some cases, funds may be used earlier for approved medical care or other necessary expenses.

Why Legal Guidance Can Be Important

Cases involving injured children often involve unique legal considerations, including extended filing deadlines, court oversight, and questions about long-term medical care. Calculating the full value of a child’s injury can also be complex, especially when future treatment or developmental impacts are involved.

Working with a legal professional can help families understand their rights, gather the necessary evidence, and pursue fair compensation for the harm their child suffered.

At Law Offices of Jonathan Van Dina, PLLC, we can provide legal assistance to the Hicksville public and help families explore their legal options after a child has been injured.