Children are vulnerable to injury every day as they continue to learn to interact with their environment and control their physical movement. According to the Centers for Disease Control and Prevention (CDC), in 2019, over 7,000 children and teenagers younger than 19 died because of an “unintentional injury,” including automobile accidents and falls. That amounts to approximately 20 deaths a day.
If your child suffered an injury that could have been prevented had another party taken proper care, you might have grounds to file a claim or lawsuit against that party. A New York child injury lawyer from Morelli Law Firm can handle your case and navigate the legal system on your behalf to pursue compensation for your damages.
Types of Child Injury Cases Our Law Firm Handles
Personal injury cases can be diverse. So, depending on the cause of your child’s injury, certain laws may affect your case. For example, if your child were injured in a motor vehicle accident, New York’s no-fault rule would have you file for compensation through your insurer regardless of who was responsible for the accident.
Our New York personal injury lawyers law firm handles various types of personal injury cases. Some common practice areas that may apply to child injury cases include:
- Automobile accidents, including cases involving school buses and other commercial vehicles
- Medical malpractice, including cases involving birth injuries
- Product liability, including cases involving defective drugs and poisoning
- Slip and fall accidents or trip and fall accidents
- Premises liability, such as cases involving drownings in pools
- Wrongful death
Our legal team can review your case to see which New York laws may apply, then guide you to move your case forward.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Seeking Compensation for Your Child’s Injuries
Depending on the severity of the child’s injury, they may experience developmental issues or have to live with a permanent disability that affects their physical abilities. In addition, child injuries can lead to unexpected medical and caregiving expenses that parents might not be able to afford, which can cause other financial strains or emotional setbacks.
In personal injury cases, these consequences are referred to as “damages,” which can entitle plaintiffs to demand compensation from liable parties. A New York child injury lawyer can go over your compensatory damages and calculate a financial estimate to serve as your compensation goal.
Types of Compensatory Damages
Compensatory damages include:
- Current and future medical expenses
- Current and future income loss
- Pain and suffering and inconvenience
- Emotional distress, which includes depression and anxiety
- Permanent disability, including vision and hearing loss for the child
- Physical disfigurement, including amputation, scarring, and burn marks
- Diminished quality of life
- Loss of enjoyment in life as well as former hobbies and activities
- Property damage, such as to the family vehicle
This is not a conclusive list of the damages you may claim in your case. For example, other damages might pertain to home modification costs to accommodate your child’s injury or any psychological trauma your child suffered from the accident.
In worst-case scenarios, surviving families who lost their children may claim wrongful death damages, including funeral expenses and emotional losses. Our attorneys will remain sensitive to your case if you lost your child and help reach an appropriate estimate that reflects the loss you’ve suffered.
How Our Child Injury Attorney Will Build Your Case
If you decide to work with a child injury attorney from our firm, we will build your case by:
- Investigating your claim to establish key facts, such as who may be held liable for your child’s injury and what causal factors led to the accident that injured them
- Collecting evidence that supports your claim, such as medical records, a crash report, eyewitness testimony, and video footage that captured the event
- Consulting experts who can provide testimony for your case, such as medical professionals who can confirm whether malpractice occurred or if the accident caused the child’s injury
- Handling communications with parties involved in your case, such as insurance adjusters or the defendant’s attorney(s)
- Working toward negotiating a settlement deal with the insurance company or defendant
If it becomes necessary to take your case to court, our attorneys will prepare your case for trial and petition for compensation for you in front of a jury. You can refer to your attorney for legal counsel at any point and will have the final word on all legal decisions.
New York Law Limits Your Time to File a Child Injury Lawsuit
For personal injury cases, there are general deadlines for specific subareas of these types of actions, such as:
- General personal injury cases: CPLR § 214 limits plaintiffs to three years after the accident date to file their lawsuits. This can apply to cases involving vehicle accidents, slip and falls, and defective products.
- Medical malpractice cases: CPLR § 214-A limits plaintiffs to two years and six months after the medical injury occurred or was discovered to file lawsuits about medical malpractice.
- Wrongful death cases: EPTL § 5-4.1 limits plaintiffs to two years after the victim’s death to file wrongful death lawsuits.
Minors May Receive Extensions on Their Cases’ Statutory Deadlines
However, with cases involving victims who are still minors, the statutory deadline can be extended. In many cases, the filing period may start once the child has reached 18 years of age. There may be a cap of up to 10 years after the incident occurred or turned of legal age in some cases.
We will review your case’s circumstances and confirm how long we have to build your case and submit it. However, it’s better to file as soon as possible, as once you miss the statutory deadline, you may get barred from pursuing compensation.
Contact Our Child Injury Lawyers to Receive a Free Consultation Today
If your child suffered an injury in an accident or as a result of another party’s negligence, you might have grounds to pursue compensation for your damages. You can start working with a child injury attorney from Morelli Law Firm as soon as you call (212) 751-9800.
The first consultation is free and involves discussing the type of claim you have and your legal options against the liable party. Our lawyers work on a contingency fee, so you will not have to pay attorney’s fees unless we win your case.