As a parent, seeing your child hurt due to someone else’s negligence can cause you immense distress. Not only does your family face immense medical bills while you work to get your child the best care possible for his or her injuries, you must watch your child suffer throughout the recovery process. While a Manhattan child injury claim cannot restore your child’s lost health or take back those injuries, it could help provide the funds you need for high-quality medical care for your child.
If your child suffered serious injuries in an accident due to another party’s negligence, contact a Manhattan child injury lawyer at Jacoby & Meyers, LLP today.
Why You Want Us on Your Side
Since 1972, the experienced, compassionate child injury lawyers of Jacoby & Meyers, LLP have worked tirelessly to secure maximum compensation for wrongfully injured children and their families. Manhattan parents turn to us for help during some of the most upsetting, stressful moments of their lives. We make it our mission not to let them down.
Past clients of Jacoby & Jacoby & Meyers, LLP have told us they particularly appreciate the hands-on, personalized attention they receive from their attorneys and case managers. We take the time to answer their questions, explain their options, and listen to their needs and priorities. In Manhattan child injury cases, especially, we understand that our clients deserve to have confidence that their case is in good hands, so that they can focus on their children’s health and wellbeing.
We Help Injured Manhattan Children at Jacoby & Meyers, LLP
One of the factors that brings clients to us at Jacoby & Meyers, LLP is our long track record of getting results in tough Manhattan accident and injury cases. We never guarantee favorable outcomes in our cases. But, we can point to numerous examples of how Jacoby & Meyers, LLP lawyers have secured top-dollar settlements, judgments, and jury awards for injured children and their families.
In recent cases, for example, we obtained $2.65 million for a family whose infant was injured by medical malpractice during childbirth, and nearly $1 million for injuries a baby suffered in a building fire.
Common Types of Manhattan Child Injuries
Children do not have the processing skills possessed by adults, which means they can get into trouble more quickly than adults in potentially dangerous scenarios. Manhattan residents bear a higher duty of care to children who may suffer injuries than they do to adults around them. Despite that higher duty of care, children may suffer serious injuries in many situations.
Most parents start working with their children on how to cross the street safely from a young age. Unfortunately, some children still skip those important steps. They may forget to look both ways and make sure they have plenty of clear space to cross. They may simply dart into traffic and assume that everyone else will stop for them. Those children can suffer serious injuries, including broken bones, traumatic brain injury, and even spinal cord injuries.
During the school day, the school bears responsibility for your child—not just for improving your child’s learning opportunities, but for ensuring that your child remains in a safe environment. Unfortunately, some schools do not provide adequate care and protection for the children who attend their institution every day.
Accidents at school can include:
- Playground accidents
- Molestation/abuse from a teacher
- Slip and fall accidents
- Sports accidents
- School bus accidents
Liability in a school accident may depend on whether the child and you, as the parents, could have expected your child to face a specific danger while engaging in an activity. For example, if your child breaks an arm in a soccer game, while participating normally and engaging in normal soccer activities, an unpreventable accident may have occurred. On the other hand, if your child’s arm gets broken because they were bullied by another team member, and the adults surrounding the event looked the other way, the school may bear liability.
Most Manhattan playgrounds offer a safe place for children to run around and enjoy themselves. Ancient Playground, Evelyn’s Playground, and Hippo Playground all allow children to explore, enjoy the outside, and get out their energy in an environment designed just for them. Sometimes, however, playground accidents can occur.
If an accident occurs due to excessively dangerous play, especially while a child uses the playground equipment inappropriately, the child and their parents may bear liability for the accident. On the other hand, if the child uses unsafe playground equipment, including poorly-maintained playground equipment, and it results in severe injuries, the owner of the playground (either public or private) may bear liability for those injuries.
Swimming Pool Accidents
Kids often find themselves drawn to water. They love the idea of splashing and playing, even during months where water play will leave them cold and shivering. Unfortunately, some Manhattan pool owners fail to help safeguard against children entering their pool. They may fail to properly secure the pool, which may cause children to try to sneak in and, in some cases, result in accidents with severe injuries, including drowning.
Caring for a child after a serious injury requires special knowledge on the part of the doctors. Children often heal faster than adults. While this can mean that children recover faster from serious accidents and may even have better odds of making a full recovery than adults, it also means that they may need special care to reduce the risk of serious consequences. A bone that the doctor fails to set properly, for example, may quickly heal in the wrong position, resulting in long-term complications to the child.
In some cases, children may also have a higher risk of more serious outcomes when they do suffer severe injuries. For example, pre-adolescent children who suffer spinal cord injuries have a higher risk of complete spinal cord injuries, which can increase the risk of paraplegia. Proper treatment can be critical in providing the high level of care those children need following a severe accident. Unfortunately, some doctors may not provide that high standard of care to their patients, causing children to heal improperly. In some cases, you may not even notice the full extent of a child’s improper healing until the child grows and the injury becomes more obvious.
Any time a child suffers injury during birth, it counts as a birth injury. Some birth injuries occur from complications during the birth itself. Others, however, may occur due to medical interventions during the birth. For example, some infants suffer serious trauma to the head because of forceps delivery. Others may suffer brain damage because of decreased oxygen during labor and delivery. If doctors contribute to or cause serious injury to an infant during the birthing process, or fail to note signs of an infant in distress despite clearly available information, the doctor or the facility where the mother gave birth may bear liability for those injuries.
Seeking Compensation After Your Child Suffers Severe Injuries in Manhattan
Following serious injuries in a Manhattan accident, your family and your child may deserve substantial compensation.
A Manhattan Manhattan Child Injury Lawyer Can Help You
If your child suffered serious injuries in a Manhattan accident, a lawyer like those at Jacoby & Meyers, LLP can help you understand your right to compensation. An attorney can:
Go over the conditions that led to your child’s injury and provide you with a better idea of who may bear liability. To determine who may bear liability for your child’s injuries, an attorney will generally ask three key questions.
- Who bore a duty of care to your child at the time of the accident? In some cases, the entity left in charge of your child, whether a school, daycare, or babysitter, will bear liability for injuries suffered by the child because of negligence on behalf of that entity. For example, while on the school bus, the school bus driver must act carefully to help ensure that your child remains safe. Other times, others around your child may naturally bear a high duty of care to your child. For example, if your child darts out into the road, a driver who does not take adequate safety precautions may bear liability for the accident.
- How did the liable entity violate the duty of care to your child? Your child faced severe bullying at school, but teachers seemed to take little notice. Eventually, your child suffered serious injuries when their bullies cornered them somewhere the teachers could not see. It could then be argued that the teachers, therefore, violated their duty of care to your child.
- How did that violation lead to your child’s injuries? To prove that you have grounds for a Manhattan child injury claim, your attorney will work to show how the violation of the duty of care led to your child’s injuries. Suppose, for example, that you noticed an exposed nail or screw on a piece of playground equipment where your child wanted to play. Since you saw it quickly, you moved your child out of the way and asked them to play elsewhere, preventing serious injury. Consequently, you do not have grounds for a Manhattan child injury claim.
On the other hand, if your child tripped and fell on the exposed nail or screw, resulting in severe lacerations, a high risk of infection, and long-term scarring, you may have grounds for a Manhattan child injury claim.
Help you understand your child’s right to compensation. When you file a claim on behalf of your child, some or all of the damages awarded will often go into a trust for your child to access later. A Manhattan child injury attorney can help you understand how much compensation your child and your family deserve for those injuries, including:
Compensation for your child’s medical bills. Your child may need substantial medical treatment in the aftermath of severe injuries. You could use the funds from your child’s claim to provide that much-needed treatment, which may include:
- Ambulance transport
- Emergency medical care
- Surgeries and/or procedures to treat the injury
- Durable medical equipment
- In-home care
- A long-term stay in a hospital or other care facility
- Physical therapy
- Occupational therapy
- Psychological therapy
Talk to your attorney about how to include other financial losses related to your child’s medical care. For example, if your child suffers injuries that cause them to need a wheelchair, you may need to modify your home to include a wheelchair ramp, widened doorways, or a bathroom that your child can use independently. If your child needs to go to a special children’s hospital or care center, you may need to manage your own stay nearby. An attorney can help you learn more about how to include those expenses as part of your Manhattan child injury claim. Contact Jacoby & Meyers, LLP today.
Compensation for wages lost because of your child’s injury. In some cases, you may have to take considerable time off work while your child recovers from severe injuries. Many parents of severely-injured children end up missing a great deal of work, both in the immediate aftermath of the accident and because their child needs additional care at home for some time in the weeks and even months of recovery. In some cases, you can claim compensation for your lost wages as part of your child’s claim.
Compensation for your child’s pain and suffering. Pain and suffering, which usually gets based on a percentage of your child’s medical expenses, often makes up a substantial portion of a child’s claim. In many cases, this portion of the settlement gets set aside in a trust for your child. Talk to your attorney about the limitations the accident has caused for your child, any emotional symptoms your child may have suffered, and what pain your child has faced because of their injuries.
Negotiate or fight for you. Many parents find that having a Manhattan child injury attorney on their side matters after an accident. An attorney can free you up to focus on your child while they handle important negotiations on your behalf. If you have to take your claim to court to receive a reasonable resolution, an attorney can help fight for you.
Do Not Wait to Contact an Attorney
If your child has suffered serious injuries in an accident due to the negligence of another party, you may have a limited amount of time to start your child’s claim. New York law offers an extended statute of limitations for minor children who suffer severe injuries due to another party’s negligence. Instead of beginning at the time of the accident, the statute of limitations begins when the child turns 18.
However, you may still have a limited amount of time to act on your child’s behalf, especially if your child suffered injuries due to the negligence of a government entity. Contact a Manhattan child injury attorney as soon as possible after your child’s accident to learn more about the steps you need to take next.
“I had an amazing experience with Jacoby & Meyers, LLP. I would highly recommend them for anyone needing a law firm.” -Paul T.
Manhattan Child Injury FAQs
After your child suffers substantial injuries in an accident, you may have considerable questions about your family’s rights, including your right to compensation. Contact a child injury attorney to ask any specific questions you may have about your claim.
1. How long after my child’s accident do we have to file a Manhattan child injury claim?
A child’s injury can turn your life upside down. In the blink of an eye, you may find yourself struggling to balance appointments, therapies, and care for a child who no longer can care for themself. Not only that, you may find yourself trying to deal with your usual work tasks or even giving up your job to help you further care for your child, which may cause immense emotional distress. You may completely forget about the claim until a considerable amount of time has passed.
In general, the New York statute of limitations gives you three years after an accident to file a claim. When a child suffers serious injuries, however, the statute of limitations does not count down until the child turns eighteen. In many cases, you may not know how much an injury will impact a child long-term, especially as the child continues to grow.
Thus, the law gives your family more time to file a claim. The extended statute of limitations also means that a child can choose to pursue compensation on their own after their eighteenth birthday, even if their parents chose not to file a claim at the time of the accident.
2. Who gets the funds from a claim filed on my child’s behalf?
In general, the funds from a Manhattan child injury claim belong to your child. Your child suffered severe injuries and may have gone through immense pain and suffering because of those injuries. Not only that, your child may have long-term limitations and expenses that may impact every area of their life. In many cases, the funds from a Manhattan child injury claim may get set aside in a trust for your child, and your child can access that trust once he or she reaches adulthood.
On the other hand, in some cases, you can access the funds provided in a Manhattan child injury claim. For example, your Manhattan child injury claim may include compensation for your child’s medical expenses. You can use those funds to help pay the bills for your child’s care or to manage other needed care tasks, including arranging for an in-home caregiver to take care of your child while they recover from serious injuries. You may also have the right to compensation for the loss of wages you faced while caring for your child after a severe accident.
Talk to your attorney about how you will need to manage the funds from your child’s claim. Jacoby & Meyers, LLP is here to help.
3. Can I sue the school district if my child suffers an injury in a Manhattan school?
In some cases, you could file a claim against the school district when your child suffers a serious injury at school. The school bears a strong duty of care to your child and all other children in its care throughout the day. It must background check employees to make sure they do not pose a danger to students, offer rules and regulations that help keep students at the school as safe as possible, and ensure that students do not bully one another. Not only that, the school must maintain a safe environment, including updating equipment when necessary, keeping the school safe and clean, and avoiding the introduction of severe hazards in the classroom environment.
If the school violates its duty of care to the student, the school may face significant economic costs for those errors.
However, because a school district is a government entity, you may need to give notice of your intent to file a claim on the child’s behalf within just a few weeks of the accident. Contact a Manhattan child injury attorney as soon after your child’s accident as possible to learn more about how the statute of limitations in New York applies to government entities.
4. Who can I sue if my child suffers an injury on a Manhattan school bus?
If your child suffers injuries in a school bus accident, the liable party may depend on the circumstances that caused the accident. If the school bus driver caused the accident, you may have grounds to file a claim against the bus driver and the bus company. Sometimes, filing a claim against the bus company means filing a claim against the school district. Other times, the school district may employ a separate bus company to help move children around the city safely.
Talk to a Manhattan personal injury attorney about who may bear liability for your child’s bus accident and how you can pursue the compensation you deserve for your child’s injuries.
5. How should I handle making arrangements for my child’s medical bills after they suffer serious injuries in a Manhattan accident?
As the parent of a child in need of substantial medical care, you will need to make arrangements that will help your child receive the highest possible standard of care. While a claim against the party that caused your child’s accident can help provide you with much-needed compensation that can alleviate some of that financial burden, it does not mean that the liable party must pay your child’s medical bills directly.
Your medical insurance can help provide much-needed assistance paying for your child’s medical bills. Make sure you contact your child’s medical insurance provider to ask about the coverage your child has before creating a treatment plan. Often, you will find that your insurance policy has limitations on some types of coverage, including coverage for durable medical equipment, physical therapy sessions, or in-home care. Understanding your coverage can help you make informed decisions about the type of care your child needs.
6. What should I do if the liable party’s insurance company offers me a settlement for my child’s injuries?
As a parent, you can serve as your child’s legal representative, from handling Manhattan child injury claims on his or her behalf to signing legal paperwork. Your legal authority means you must act carefully as you navigate your child’s injuries and your family’s Manhattan child injury claim.
Often, insurance companies will contact the victims of severe accidents or, in the case of child injuries, their parents, soon after the accident. The insurance company wants to alleviate its financial liability for the accident as much as possible. It may start by trying to issue a low settlement shortly after the accident.
This settlement may sound very tempting. You may know, immediately after the accident, that your child deserves compensation for their injuries, but you may have no idea how much. When the settlement offer comes, you may not have any idea how much long-term impact those injuries will have on your child’s life. In fact, many doctors cannot accurately predict the full extent of a child’s injuries and suffering until much further in the child’s life, especially if the child suffers injuries that may impact growth. Sometimes, deficits may not show up until much later, especially in cases like a pediatric traumatic brain injury.
If you accept the insurance company’s offer, you can prevent your child and your family from receiving additional compensation in the future. For many families, this means a loss of the compensation they really need to help rebuild following severe injuries.
Before accepting any offer from the liable party’s insurance company, get in touch with a Manhattan child injury attorney. An attorney can help you understand the compensation your child really deserves following a serious accident and determine whether you want to accept a settlement offer or continue to pursue the compensation your child deserves. Avoid talking to the insurance company, even about your child’s injuries, before talking to a lawyer. Speak with us at Jacoby & Meyers, LLP today for more information.
7. Will a Manhattan child injury claim further traumatize my child?
Your child may have suffered a great deal of trauma because of their injuries. Often, the memory of a serious accident, especially one that results from bullying or abuse, may result in additional trauma and upset for your child.
A Manhattan child injury claim, however, is not likely to increase your child’s trauma. Even if your claim goes to court, your child will likely not need to testify. Instead, your attorney would clearly present the claim, the circumstances that led to your child’s injuries, and any additional information about your child’s accident, including the extent of your child’s injuries and how they limit your child.
8. Will my child’s Manhattan child injury claim go to court?
In most cases, insurance companies will try to settle out of court if at all possible. Court costs can substantially add to the overall cost of a Manhattan child injury claim, which may ultimately mean that the insurance company ends up paying more in legal fees than they would to settle. Not only that, going to court over a claim involving a child may result in bad publicity, which both the insurance company and the liable party may want to avoid if at all possible.
If your child’s claim does need to go to court, however, having a Manhattan child injury attorney on your side may be critical in managing the claim and ensuring that your claim gets presented as effectively as possible.
9. If my child suffers a serious injury while playing with a toy, what legal options does my family have?
Toys must undergo rigorous safety testing to ensure a high standard of safety. They also have clear safety ratings that allow parents to determine whether the toy is age-appropriate for their children. If a toy violates those safety standards, the manufacturer may bear liability for any injuries sustained by the child.
For example, if a plastic toy played with by a young child breaks and causes the child serious injury, or if an improperly-wired battery compartment causes a toy to burst into flames, the manufacturer may bear liability. However, if the child inappropriately uses the toy, including ignoring safety precautions, the child and family may bear liability for the accident. For example, if a small child chokes on a small piece of a toy not marketed for their age group, the parents may bear liability for allowing that child to play with an inappropriate toy.
Sometimes, you may find that a class action lawsuit exists against the manufacturer. If your child’s injuries fit within that class action lawsuit, you may want to join it to help you receive compensation. On the other hand, if your child suffers serious injuries due to a one-time defect in a toy, you may have grounds to file an individual claim.
10. Can I file a medical malpractice claim on my child’s behalf if they suffer complications because of a Manhattan doctor’s negligence?
Children require special care when they suffer illness or injury. They may show different symptoms than adults, especially in traumatic brain injuries. Unfortunately, failure to treat those symptoms promptly can result in substantial complications, including poorly healed injuries or illnesses that progress more rapidly than they should.
A doctor who fails to properly diagnose or treat your child’s illness may bear liability for any losses your child faces because of that act of negligence. Talk to an attorney any time your child faces significant symptoms due to misdiagnosis or failure to treat. You may also want to talk to an attorney if your child’s doctor prescribes the wrong medication or the wrong medication dosage, resulting in significant symptoms.
Contact Jacoby & Meyers, LLP today to get started.
Do You Need a Manhattan Child Injury Lawyer?
Working with a child injury lawyer can help you understand the compensation your family deserves after your child suffers injuries due to the negligence of another party. Contact Jacoby & Meyers, LLP today at (212) 445-7000, start a live chat with one of our representatives, or write to us using our contact page.
New York, NY 10006