When a child is injured in an accident, it is a challenging and painful time for them and their families. At Proner & Proner we understand how important it is to protect children’s rights, and we strive to provide them with the legal representation they deserve. In this article, we will tell you what you can do to protect the rights of your child and ensure that they are adequately compensated for their injuries and suffering.
Can a child injured in an accident in New York sue?
First, let’s clarify in New York, a minor is considered a “child” when they are under 18 years old. In New York, a child injured in a car accident, motorcycle accident, truck accident, taxi accident, or slip-and-fall accident cannot directly file a legal claim. Instead, their parents or a legal guardian must file the lawsuit on behalf of the minor.
This representative will act in the best interest of the child and will be responsible for making decisions about the case. The process for filing a lawsuit on behalf of a minor is like that of an adult, but there are differences. For example, the court may require a judge’s approval before accepting a settlement on behalf of a child to ensure that their interests are protected.
Lee en español: Derechos de los niños lesionados en accidentes en Nueva York
When does the child receive compensation for his injuries?
Once a settlement is reached or a judgment is won in the case of an injured child, a court will establish a trust or custodial account for the child’s benefit to ensure that funds are available to meet their future needs.
Funds in the account generally can only be accessed once the child turns 18, although exceptions can be made if it is shown that the money is needed to cover medical, educational, or other costs related to the minor’s injuries.
How is compensation calculated in an accident case with minor victims?
Calculating compensation in accident cases involving children or minors can be complicated, as additional factors from cases involving adults must be considered.
Some of the critical factors considered when calculating compensation for a child injured in an accident in Queens, Brooklyn, the Bronx, or anywhere else in New York include:
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Current and future medical expenses: This includes the cost of medical bills, therapies, and treatments necessary to treat the minor’s injuries and ensure their long-term recovery and well-being.
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Pain and Suffering: Compensation for the child’s pain and suffering may include emotional and psychological trauma caused by the accident and injuries sustained.
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Lost Future Earnings: If the child’s injuries affect their ability to work in the future, earnings that the child is estimated to lose during their working life may be included in the compensation.
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Changes in quality of life: If the child’s injuries have resulted in permanent disabilities or significant changes in their quality of life, compensation may be increased.
Other Factors to Consider in Calculating Compensation for an Injured Child: In addition to factors having to do with the damages caused by the injury, the child’s compensation may also depend on:
The type of accident and insurance available
When accident attorneys initiate personal injury lawsuits, we do so against the insurance companies involved. Therefore, compensation not only depends on the consequences of the accident but also on the maximum insurance amounts of the car, store, or building where the accident occurred.
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Conclusion
Hiring a legal team with experience in child accident cases can protect your child’s right to receive the compensation they deserve. Your child deserves an accident lawyer who will fight tirelessly for the money they need for their recovery and future expenses.
Proner & Proner is a law firm that helps children injured in all kinds of accidents. We have helped clients win over 500 million dollars in settlements and verdicts.
Our firm represents accident children injury victims on a contingency fee basis, meaning we only get paid if we help you recover. We understand the immense costs associated with a child’s accident, so we offer free initial consultations to clients due to someone else’s disregard for safety.
At Proner & Proner, we can quickly help you get the medical care and compensation you and your child deserve quickly. If you or a loved one has suffered injuries due to an accident and are interested in having our firm represent you, please call us at (800) 321-1234.
