The Rights of Children Injured in Accidents in New York

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.

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.

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.

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:

• 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.

• Pain and Suffering: Compensation for the child’s pain and suffering may include emotional and psychological trauma caused by the accident and injuries sustained.

• 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.

• 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.

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.