While bumps, bruises, and scratches are a normal part of any child’s life, it is an entirely different matter when your child sustains injuries because of the negligent, careless, or reckless misconduct of an adult.
If this has recently happened to your child, you may be feeling angry and overwhelmed, unsure of where to go to find justice for your child.
While getting your child medical attention should always be your number one priority after an accident, at your first opportunity, you would be prudent to speak with a personal injury lawyer in NY to find out what options you have for holding the at-fault party responsible.
While nothing can turn back the clock and take away your child’s physical and emotional pain, you could be entitled to recover damages related to your case. For a free, no-risk review of your case, contact Friedman & Simon, L.L.P.
- Common Causes of Child Injuries
- How the NY Statute of Limitations Impacts Child Injury Cases
- Recoverable Damages After a Child Injury in NY
- How a Child Injury Lawyer in NY Will Help You
- New York Child Injury News
- Call for a Free Consultation
Common Causes of Child Injuries
Accidental injury is the leading cause of death in children, with approximately 7,000 children and adolescents dying in 2019 as a result of unintentional injuries, according to the Centers for Disease Control and Prevention (CDC). The top causes of child injuries include:
Car Accidents
According to a 2018 study published in The New England Journal of Medicine, injuries related to transportation are among the leading causes of death for children. Car accident injuries accounted for a quarter of all deaths among children and adolescents in 2016.
A good way to protect your child when they ride in a car is to install a booster seat. The National Highway Traffic Safety Administration (NHTSA) provides parents with advice on how to pick the right seat based on their child’s weight, height, and age.
Unfortunately, there are some accidents where even a booster seat is not enough to protect your child from harm. Such accidents could include cases where:
- A truck driver (or the operator of another large vehicle) does not follow the speed limit and hits your car, doing serious damage
- The car your child is a passenger in is in an accident caused by a roadway defect and the local municipality has liability
- A drunk driver weaves into your lane and hits the side of the car where your child is sitting
If any of these types of terrible events happen, we will file an accident claim to recover compensation.
Suffocation
The CDC reports that suffocation rates have increased dramatically in recent years. Among all children, the rate increased by 20%.
If another adult allowed your child to suffocate while supervising them, we offer you our sympathies along with our assurance that we will work to hold them liable.
Drowning
Drowning is a leading cause of fatalities in children between the ages of one and four. If another adult or a lifeguard allowed your child to drown, we offer our condolences along with our commitment to justice.
Children can drown for many reasons, including a negligent adult supervisor or a pool that did not have proper barriers installed. Part of our job is to figure out exactly how your child’s injury happened, so you could pursue damages from all liable parties.
Poisoning
If left unsupervised, a child could come into contact with these substances and suffer poisoning:
- Over-the-counter or prescription medications
- Inedible substances, such as antifreeze
- Alcohol or illegal drugs
- Cleaning products, such as bleach
- Rat poison or insecticide
If another party’s negligence caused your child to suffer poisoning, you could be entitled to compensation.
Burns
There are countless ways another party’s negligent behavior might lead to a burn injury. For instance, they could leave a child alone with:
- Matches or a lighter
- An oven, stove, hotplate, or toaster
- An open flame, such as in a fireplace
It is very important to supervise children around hot or flammable materials and keep dangerous items, like matches, out of reach. Failure to do so could constitute negligence.
Falls
If your child suffered a slip and fall at a friend’s house or a commercial establishment due to the property owner’s negligence, we will hold the at-fault party liable. The at-fault party could be the property owner or manager, a business leasing the property, or another entity.
Examples of negligence that could cause a child’s injury include:
- Leaving a slick spot on the floor for an extended period of time
- Allowing grass or foliage to become overgrown
- Failing to shovel snow properly or de–ice sidewalks
- Failing to fix broken walkways, stairways, or banisters
These are just a few possible causes of child injuries. If you believe that your child’s injuries were caused by someone else’s negligence or willful misconduct, you might be entitled to compensation. To receive guidance to make an informed decision about how to proceed in your case, contact Friedman & Simon, L.L.P. for a free, no-risk review.
For a free legal consultation with a Child Injury lawyer serving New York, call 516-932-0400
How the NY Statute of Limitations Impacts Child Injury Cases
New York Civil Practice Laws & Rules § 214 places limits on the amount of time that a person has to file a lawsuit for a personal injury accident.
There might be exceptions to this, though, especially when children are involved. Still, even with child age-based exceptions to the statute of limitations, due to very real considerations (such as evidence and witness availability), you should consider consulting with a child injury lawyer. The sooner you contact us, the greater our opportunity to build the strongest case possible for you.
New York Child Injury Lawyer Near Me 516-932-0400
Recoverable Damages After a Child Injury in NY
If your child’s injuries were the result of someone else’s negligence or willful misconduct, you could be entitled to damages. Common types of damages that victims are able to recover in cases like these are:
- Medical bills, including the past, present, and future medical treatments your child needs
- Lost wages from time away from work caring for your child
- Renovation costs associated with making your home accessible to your disabled child
- Other out-of-pocket expenses
- Pain and suffering, which includes both physical and emotional trauma
- Disfigurement caused by scarring left behind by the injury
- Emotional distress
- Physical disability related to either temporary injuries (e.g., a bone fracture) or permanent injuries (e.g., an amputated limb)
- Intellectual disability, if your child suffered brain damage
- Diminished quality of life
When you consult with us, it is helpful if you bring a list of the ways in which the accident has affected both your child and your family. This will help begin developing our case for the specific damages you are entitled to and how much money we should seek from the liable party.
That being said, do not worry if your list is incomplete or if you are unsure of what constitutes a compensable injury. Our team is always willing to work on our clients’ case values and calculate appropriate amounts of compensation. We understand it is a process and welcome the opportunity to roll up our sleeves and do everything necessary to build the most compelling case on your behalf.
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How a Child Injury Lawyer in NY Will Help You
We understand how hard it is to watch your child suffer. While nothing can turn back time and eliminate your child’s pain, you can take steps to hold the at-fault party responsible for their negligent behavior.
We are here to help. Our team will take the burden off of you by:
Keeping You Updated
We will provide you with the 24/7 support you deserve during this painful time. Our team will handle the legal process from start to finish, keeping you informed and freeing up your time to focus your attention on your family.
We are even able to communicate with you in your language of choice, including:
- Bengali
- Spanish
- Greek
- Tamil
- Kannada
Identifying the Liable Parties
We will take steps to determine who is at fault for your child’s injuries so we could hold that party financially responsible for your losses. Depending on how the injury happened, the liable party could be:
- A motor vehicle driver
- A property owner (this includes pool owners)
- A product manufacturer
- The person or organization you trusted to care for your child
Communicating with All Parties for You
We communicate with the insurance companies and the at-fault party’s attorney on your behalf. This eliminates the risk of anything being said that could be held against you at a later date and frees up your time to focus on your family.
A child injury lawyer from Friedman & Simon, L.L.P. will also take on the responsibility of negotiating with the insurance company for appropriate compensation.
Gathering Evidence
We will gather any and all evidence related to your case—including eyewitness statements, police reports, medical records, and surveillance and dashcam video—to build the strongest possible case. With this evidence, we will prove:
- The liable party had a legal responsibility to behave responsibly to keep others (including your child) safe.
- The liable party violated this important responsibility.
- The liable party’s violation caused your child’s injury, which, in turn, caused your child unnecessary suffering and distress (and cost you money).
Determining the Value of Your Case
We will gather medical bills, receipts, and other documents to calculate the extent of your financial losses. We will also calculate and claim non-economic damages, like the pain and suffering your child has experienced.
If you are ready to have a child injury lawyer in NY get to work on your case right away, or if you would just like legal guidance to make a more informed decision on how to proceed, contact Friedman & Simon, L.L.P. today for a free, no-risk evaluation of your case.
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New York Child Injury News
Every child injury case is different, as these headlines show. Our team will work closely with you to decide on the proper course of action.
Charges Vary When Children Are Injured in Hot Cars
Per the NHTSA, 53 children died in hot cars in the U.S. in 2019. This is because children’s body temperatures rise faster than that of adults, so spending even a short time in a hot car can quickly lead to heatstroke. The rising number of these kinds of deaths is leaving authorities, parents, and advocacy groups looking for answers to stop the tragedies.
You have probably seen many headlines about parents or other caregivers who left a child in a hot car. Many of these cases had tragic consequences, including:
- The 2017 Texas case of a father forgetting to drop his daughter off at daycare
- The 2019 New York case of a father forgetting to drop his twins off at daycare
- The 2021 South Carolina case of a boy in foster care whose guardian forgot to drop him off at daycare
Though these incidents are all strikingly similar, the ways that prosecutors handled the incidents were not. The father of the twins pleaded guilty and was sentenced to a conditional discharge in 2020. In the 2021 case, the boy’s death was treated as accidental, so the guardian may or may not face charges.
Parents Invent Wearable Ice Pack for Children’s Injuries
Per a 2018 CDC study, 1,500 children died of traumatic brain injuries (TBIs). Many more survived, but over 61% of children who sustain a TBI end up with lifelong, moderate-to-severe disabilities. This affects the child’s future and generates many additional medical expenses for their families—all losses they have a right to sue for.
CBS News reports on parents who turned their child’s head injury into a business opportunity. Megan and Mike Ross credit their children’s recurring head injuries for their new family-run company, GooseEgged. The company was founded in 2018 after their son ran into a cabinet in the kitchen. Struggling to keep their child still to apply an ice pack, they searched the internet for something to help.
When they found nothing that met their needs, they decided to create their own product. They designed an ice pack that is worn around the child’s head, leaving them free to continue playing or to be soothed. The packs are adjustable and feature the kid-friendly designs of a shark, a dog, and a unicorn so that the kids will want to wear them.
The entire family is involved in the project. Their kids act as models for the ice packs and give their parents advice on new designs.
Children Can Suffer Harm at School
According to the CDC, children under the age of one are the most likely age group to end up in the emergency room. This is because babies are so fragile and can easily be harmed by sharp or hard objects, falls, and other accidents.
Older children, of course, are also vulnerable to injuries. School-age children commonly suffer from the following types of injuries while at school:
- Slip-and-fall injuries
- Playground injuries
- Sports injuries
- Fights
- Bullying
- Food poisoning
Courts have placed upon teachers and administrators a “duty of care” to ensure student safety while at school. This means that schools are legally required to “act as a reasonable parent would,” to prevent foreseeable harm to students. This includes providing a safe environment for students. If a student is injured at school, a parent may be able to seek compensation for the child’s injury.
Student Receives $60 Million for Suffering a Chemistry Accident
The Huffington Post reports that a court has awarded a New York City high school student $60 million for injuries suffered in a chemistry accident. The facts of the case are as follows:
- The life-threatening accident occurred at Beacon High School in New York City.
- In January 2014, Alonzo Yanes was a sophomore attending chemistry class. Instructor Anna Poole was performing the “rainbow experiment,” which involved combining methanol with mineral salts to produce colorful flames. Poole was using a gallon jug to pour the methanol. A fireball shot out, catching Yanes on fire.
- Yanes was hospitalized for five months and had to endure numerous skin graft surgeries for the burns that covered 30% of his body. The burns covered his face, neck, arms, and hands.
- In 2019, a Manhattan jury awarded Yanes nearly $60 million as compensation for his injuries.
- The jury found that both the Department of Education and Poole were at fault in the accident. The financial award is intended to cover Yanes’ medical bills as well as his pain and suffering.
As a result of the incident involving Yanes, the experiment is no longer being performed in New York City Schools.
Call for a Free Consultation
Friedman & Simon, L.L.P. will do everything legally possible to pursue compensation for your child’s injury. To learn more about how a lawyer from our firm will manage your New York personal injury case, call us today as soon as possible.
Call or text 516-932-0400 or complete a Free Case Evaluation form
