Long Island Child Injury Lawyer

When a child under 18 years is involved in a negligence lawsuit, there are several important differences from a case involving an adult. These special rules are designed to protect minors and make sure they are being treated fairly and with their best interests in mind.

When a child is injured because of someone else’s negligence, the emotional and financial consequences can affect the entire family. Medical care, rehabilitation, and the stress of recovery place enormous strain on parents and guardians who are simply trying to help their child heal. A Long Island child injury lawyer can help families understand their rights and take the appropriate legal steps to protect their child’s future.

A child is not able to sue on their own behalf. However, they can have a parent or guardian represent them. A child is also given the option of waiting until they are 18 to file the case. In a typical case involving an adult, there is a statute of limitations that gives a strict time period in which a person can take legal action after an injury. When a child is in an accident, this same statute of limitations is put on hold and begins when the child turns 18. There are some exceptions to this involving medical malpractice lawsuits and cases against municipalities. It’s important to consult with our personal injury attorneys who can advise you about your specific case.

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What Are Common Causes of Child Injuries?

Child injury cases often arise in situations where children should be safe. Schools, playgrounds, daycare facilities, summer camps, and residential neighborhoods are all places where children should be protected from harm, but child injury claims can involve many types of accidents in these environments. Some of the most common situations include:

• Sports accidents
• Daycare negligence
• Playground injuries
• Bicycle or pedestrian accidents
• Unsafe property conditions, including unsecured pools or other hazards

These accidents often occur when property owners, caregivers, or other parties fail to maintain safe conditions or provide proper supervision.  If a third party’s carelessness contributed to the incident, a Long Island child injury attorney can review the facts, investigate what happened, and determine whether a personal injury claim is appropriate and whether negligence played a role in the incident.

Because the legal process for minors differs from adult injury claims, it is often helpful for families to work with knowledgeable legal counsel who understands the rules that apply to cases involving children. These cases frequently require additional court oversight and documentation to ensure that any decision made truly reflects the best interests of the child.

Reaching a Settlement for a Child Injury

If the parties involved agree to settle the case, there are also strict rules that were created to ensure all decisions are made with the child’s best interests in mind. Unlike cases involving adults, if a settlement is reached out of court, the terms of that settlement must be approved by a judge. An individual or their child’s injury lawyer in Long Island cannot finalize the settlement without the judge’s approval. This is to protect minors and make sure they are being treated fairly and with their best interests in mind.

What will happen is once you have received a settlement offer that is acceptable to you, your child injury attorney will prepare a series of papers, called the infant’s compromise order, which details for the judge what the settlement proposal is, why it’s appropriate, and why it is in the best interest of the child. Each document in the order must be signed off by the parent or guardian.

After presenting the order to the judge, the attorney and client are required to appear in person in the judge’s chambers for a brief discussion.  The judge will ask the parent a number of questions, including whether he or she believes this is an appropriate settlement. If the court approves the proposed settlement, the case is over, but if the court rejects the proposal, then all sides need to either renegotiate or prepare to go to trial.

During this stage of the process, our attorneys could work closely with you to explain each step of the proceedings. Families often have questions about how settlements are calculated, what factors are considered by the court, and how compensation will help support the child’s recovery. Experienced legal guidance can help ensure that you fully understand the implications of any settlement agreement before it is presented to the court.

What Happens to the Child’s Verdict or Settlement Award?

In response to abuses that occurred years ago, New York requires any monetary award a child receives to be put into an account until they are 18. There are very limited exceptions, including medical and educational expenses. This rule exists to ensure that the funds are preserved for the child’s benefit. In many cases, the compensation awarded in a personal injury claim is intended to address long-term medical needs, therapy, or educational support that may arise as the child grows older. A child injury attorney in Long Island could help you understand how these funds are structured and how they may be accessed for appropriate expenses related to your child’s care.

Depending on the circumstances, compensation in a child injury claim may include payment for medical bills, ongoing treatment, rehabilitation, and other expenses related to the injury. It may also account for the pain and suffering experienced by your child as well as the impact the injury may have on future opportunities or quality of life. Every case is different, which is why careful legal evaluation is essential.

How a Long Island Child Injury Attorney Can Help

At Goldstein & Bashner, our attorneys understand that child injury cases are not simply legal matters. They involve real families facing difficult circumstances. Our legal team takes the time to listen to parents’ concerns, review the details of the incident, and explain what legal options may be available.

There are many factors and decisions to make in lawsuits involving children. If your child has been injured because of someone else’s negligence, we could provide clarity about the next steps. An experienced attorney can investigate the accident, gather evidence, consult with medical professionals, and advocate on behalf of your child throughout the legal process. The goal is to help you pursue fair compensation while allowing you to focus on your child’s recovery and well-being.

If you have any questions or want to discuss an accident or injury involving your child, please contact us to ask any questions you have. Our compassionate and dedicated Long Island child injury lawyers are experienced working with families and will sit down with you to discuss the specifics of your case and work with you to determine the best course of action.