Staten Island Child Injury Lawyer
There is nothing more traumatizing than finding out an accident injured your child. Yet, learning that your child’s severe injuries were due to another person’s intentional, wrongful, or reckless actions can make the whole situation that much more overwhelming, unbearable, and devastating for the entire family.
That is why if a Staten Island pediatric accident injured your child, fight back and go after the compensation your child deserves. Fortunately, with a Staten Island child injury accident lawyer from Jacoby & Meyers LLP on your side, you will not have to take on this legal fight alone.
At Jacoby & Meyers LLP, our Staten Island Child Injury Lawyers have been representing children in pediatric accidents for years, and we know what it takes to help these children and their families fight for the financial recovery they need and the justice they deserve. Speak with an experienced Staten island personal injury lawyer today to discuss your recovery options.
Jacoby & Meyers LLP – About Our Firm
Founded in 1972, Jacoby & Meyers LLP was created to make top-quality legal representation available to everyone who needed it, not only the wealthy few or those who receive legal assistance because of their inability to pay for a lawyer.
Today, not only has our firm met these goals, we have surpassed them. For nearly 50 years, our legal teams and attorneys have been providing compassionate and straightforward legal representation to injury victims in both New Jersey and New York.
Plus, as a result of this hard work, dedication, and drive, Jacoby & Meyers LLP has grown to become a large and innovative law firm.
We have helped countless clients and secured millions of dollars on their behalf through jury verdicts and settlement negotiations, including these recent judgments:
- A $2,650,000 settlement for birth malpractice
- A $1,036,000 settlement for a birth injury
- A $950,000 settlement for a child whom a negligent landlord injured
While we guarantee no results, reach out to Jacoby & Meyers LLP today to see what we can do for you and your case.
Common Causes of Staten Island Child Injury Accidents
As the statistics show, there are many causes behind a horrifying pediatric injury accident.
However, in Staten Island, these accidents frequently occur because of:
- Animal attacks, including dog bites
- Suffocation on small toys, food, and other objects
- School or daycare accidents
- School bus crashes
- Burns due to steam or hot liquids
- Dangerous product accidents
- Recreational and organized sporting accidents
- Medical negligence
- Assault injuries
- Motor vehicle accidents, primarily at the more dangerous roadways and intersections in Staten Island, including Hylan Boulevard and Allison/Ebbitts Street, Hylan Boulevard and New Dorp Lane, and Father Capodanno Boulevard and Sand Lane
However, even though these are some of the more common causes of pediatric accidents in Staten Island, they are not the only ones. That is why, if a Staten Island accident injured your child, even if it is not at a location listed above, reach out to skilled legal counsel, such as the lawyers at Jacoby & Meyers LLP. We can review your case, determine if your child has a viable legal claim, and help you decide on the best legal option for your child and your family.
Common Injuries Resulting From a Staten Island Pediatric Accident
Bruises, scrapes, and bumps are a part of life for young children. Fortunately, most of these injuries are minor and will not significantly impact a child’s life. Yet, depending on the circumstances of the incident, these pediatric accidents can lead to something more, as it is just as easy for a child to sustain more severe trauma that can forever change their lives.
As a result, some of the more common injuries that often result from a child injury accident in Staten Island include:
- Traumatic brain injuries
- Neck and back injuries
- Soft tissue injuries
- Spinal cord damage
- Broken bones
- Deep lacerations
- Congenital disabilities resulting from medical malpractice
- Knee and leg injuries
- Shaken baby syndrome
- Psychological damage resulting from abuse, mistreatment, and negligence
- Internal damage and bleeding
Determining Who Caused a Staten Island Child Injury Accident
When it comes to children, adults must act with a reasonable standard of care. If they fail to meet this standard or take reasonable safety precautions, they can be held responsible for the injuries and damages that result.
Consequently, the parties most often liable for a Staten Island pediatric injury accident include:
- Animal owners
- Property and landowners
- Toy designers and manufacturers
- Health care professionals
- Parents and guardians
- School officials
- Playground toys manufacturers
As you can see, there are several individuals you may be able to hold responsible for your child’s injuries. However, depending on the situation, determining who was at fault for your child’s trauma is not as straightforward as many would assume it to be.
That is why if a Staten Island accident harmed your child, reach out to our Staten Island child injury attorney as soon as possible. We can review your child’s accident, figure out who was at fault, and hold all the liable parties accountable for your child’s injuries and damages.
Child Injury Statistics—The Numbers You Need to Know
In the United States, injuries are a significant source of childhood hospital and emergency department admissions.
According to the National Center for Injury Prevention and Control, the National Safety Council, and other recent sources, we know that:
- Injuries are the leading cause of death in children and young adults, with approximately 12,000 young adults and children aged one to nineteen dying from unintentional injuries each year.
- Every year bicycle-related collisions kill about 100 kids and harm 254,000.
- Falls are the top cause of nonfatal injuries for children, especially those aged 19 and under, accounting for about 8,000 fall-related visits to the hospital emergency room every day.
- Suffocation is the leading cause of unintentional injury-related death among infants under one year old.
- Drowning is the leading cause of unintentional injury-related death among kids aged one to four. Most drownings and near-drownings occur in open water sites and residential swimming pools, but children can drown in as little as one inch of water.
- Every year, almost 2,000 children under the age of 14 die because of a home injury often caused by suffocation, drowning, firearms, falls, choking, poisoning, and fires and burns.
How Long Do I Have to File a Child Injury Claim?
The statute of limitations, often known as a prescriptive period, is a regulation passed by a legislative body to set the maximum time for an individual to initiate legal proceedings.
In New York, the general statute of limitations for a personal injury is three years from the accident date. If you do not file your lawsuit within this period, the court will dismiss the case and you cannot pursue the financial damages you need.
However, when it comes to children and the statute of limitations, this deadline will differ. According to the state laws, when an injured individual is a minor or someone that has not reached their eighteenth birthday, they will have fewer responsibilities than adults because of their relatively limited maturity levels, experiences, and abilities. Consequently, the statute of limitations will often be extended or tolled for them.
For instance, in Staten Island, a child can file a lawsuit for most personal injury claims up to three years after their eighteenth birthday. Yet, some exceptions to this rule can impact this filing period, such as a personal injury accident that resulted from an alleged medical malpractice incident or when a governmental entity or a governmental employee injures a minor.
For these reasons, if a Staten Island pediatric accident injured your child, reach out to a knowledgeable and skilled Staten Island child injury attorney at Jacoby & Meyers LLP, as soon as possible. We can not only determine how much time your child has to file their claim, but we can also appropriately prepare and file all the legal motions and documents with the correct court before time expires.
Protecting Your Child’s Legal Rights Following a Staten Island Accident
Following a child injury accident, your child’s health and safety will be your number one priority, which means the last thing you want to do in these situations is worry about the actions you need to take. However, the steps you take after these accidents can protect your child’s safety and legal rights.
For these reasons, following a Staten Island pediatric accident, you should consider doing the following:
Contact the Authorities Immediately
If an accident injured your child, call 911 immediately and alert the police and medical personnel of the accident. After the local authorities get to the scene, they can provide your child with the medical assistance they need and also start to investigate the accident, jotting down their findings in their police report.
If you pursue legal action on your child’s behalf, this report can provide your child’s lawyer with valuable evidence regarding what happened and who caused the incident.
In addition, do not move your child unless you absolutely must. Many times, moving your child, such as out of a car seat, can make their injuries worse. For these reasons, leave them alone until medical crews show up.
Check for Evidence and Take Pictures
If the situation allows for it, you should try to use your cell phone to take as many videos and pictures of the accident scene as you can. This should include photos and videos of your child’s visible injuries, the location of the accident, any motor vehicles involved, any dangerous conditions that caused your child’s harm, and any other details that can help show what happened.
Look for Witnesses
If there were individuals at the scene who saw the accident, you should try to get their names and contact details. These witnesses can often provide your child’s lawyer with further information about what happened and can also offer testimony to back up your child’s claim.
Yet, as you talk to these individuals and others following the accident, you will want to watch what you say, as the statements you make can come back and hurt your child’s case and the amount of money they can receive. For these reasons, you will want to avoid making any definitive statements about the incident or taking the blame on your child’s behalf for anything that occurred.
Get Your Child to a Doctor
Even if the ambulance doesn’t transport your child to the emergency room following their accident, get them to a doctor immediately so they do not have any severe hidden injuries such as brain trauma that has not yet manifested.
Plus, getting to a doctor following one of these accidents can provide your child’s lawyer with a chain of evidence that can not only show when the accident occurred but provide a direct link between your child’s injuries and the Staten Island accident in question.
Maintain Your Child’s Records and Bills
To give your child a better chance of pursuing the maximum damages they deserve, keep track of all their bills and expenses related to their injuries following their accident. These documents can help your child’s attorney figure out the full extent of their damages now and the money they will need to ensure they get the care they require in the future.
Staten Island Child Injury Lawyer FAQs
If your child suffered severe injuries in a Staten Island pediatric accident, you want answers regarding their legal options, how you can hold the wrongful party accountable for your child’s harm and losses, and the best way to secure the compensation your child needs.
That is why we have prepared answers to the following frequently asked questions many of our clients have following a Staten Island child injury accident. With the below responses, we hope you have a better understanding of the legal action you can pursue on your child’s behalf, and how an experienced Staten Island child injury attorney can help you go after the justice and financial damages your child deserves.
1. How Do You Know If Your Child Has a Valid Legal Claim Following a Staten Island Pediatric Accident?
Enduring an injury in an accident is not enough for your child to be able to bring a lawsuit.
In truth, an attorney must examine numerous elements before determining that your child has a valid legal claim, including:
- The extent of your child’s injuries
- Whether another party was responsible for your child’s harm
- Whether there is insurance money available following the accident
- Whether there is still time to file a case following the accident
That is why if a Staten Island pediatric accident harmed your child, reach out to a Staten Island child injury attorney, such as those at Jacoby & Meyers LLP, as soon as possible. We can review your child’s case, determine if they have a viable claim, and figure out their legal options.
2. What Types of Damages Are Available Following a Staten Island Child Injury Accident?
If a Staten Island pediatric accident harmed your child, they might recover economic and non-economic damages.
Economic Damages: These damages cover the expenses from an accident that have a measurable financial impact.
These out-of-pocket costs include:
- Medical bills related to hospital stays, doctor visits, prescription medications, surgeries, and other assistive medical devices
- Diminished future earning potential
- Rehabilitation therapy
- Property damages
- In-home assistance
Non-economic Damages: These damages are more challenging to evaluate, as they are in place to compensate a victim for the non-financial aspects of their injuries.
These damages may include:
- Pain and Suffering
- Emotional distress
- Loss of enjoyment of life or a normal childhood
- Diminished quality of life
However, speaking with a Staten Island child injury attorney following the accident can determine which damages may apply to your child’s case. These lawyers can assess the facts of the case, determine which of these damages your child can pursue, and fight for the compensation they deserve.
3. How Much Is a Pediatric Accident Injury Case Worth in Staten Island?
Determining the value of a child injury claim can be challenging, as it is not just about just figuring out how these injuries will impact the child right now, but rather how they will affect the child in the future. For these reasons, a lawyer can’t tell you exactly how much your child may recover.
However, when you work with our experienced Staten Island child accident injury attorneys, we can review all the factors in your child’s case and prepare the strongest possible case so we can go after maximum monetary damages.
These factors often include:
- The nature and extent of your child’s injuries
- The cost of the medical care your child will need now and in the future
- The impact of the injury on your child’s quality of life and their earning’s potential
- The types of replacement services your child will need
- The extent of the pain and suffering your child is dealing with
- The credibility of the evidence presented
- The insurance companies that are involved in the accident
4. How Long Will It Take to Settle a Staten Island Child Injury Case?
Unfortunately, numerous elements can affect how long your child’s injury case will take. Even though these cases often settle outside the courtroom, it can still take time to settle, especially when more severe injuries or complex liability issues are involved.
In addition, the length of your case will depend on whether:
- The insurance company is willing to settle the case for a fair amount
- There is more than one wrongful party involved
- There is a significant amount of financial damages on the table
- The case heads to trial
As a result, depending on the circumstances of the case, it can be years before your child’s case resolves. After your child’s accident, reach out to a Staten Island child injury attorney at Jacoby & Meyers LLP as soon as you can. These legal professionals can not only stand by your side through this long and daunting legal battle, but they can also try to speed up this process while making sure your child obtains the fair amount of money they deserve.
5. If Your Child Died in a Staten Island Pediatric Accident, Can You Pursue Legal Action?
When an adult passes away in an accident, the financial losses that their family suffers will typically be easy to quantify. For instance, if a parent dies, their child can seek monetary damages related to losing the parent’s guidance and income. However, if a child dies, the parent’s recovery is often limited to their monetary loss, which is usually small.
Generally, when it comes to a child’s wrongful death claim, the financial losses you recover will usually depend on:
- The earning potential of the child
- The child’s life expectancy, habits, and age
- The relationship of the child to the plaintiffs
- The age of the plaintiffs and their health
As a result, in most wrongful death cases, the older the child is at the time of death, the easier it is to determine their potential economic losses, primarily because the court will have a better idea of the child’s interests, work expectancy, hobbies, and earning potential. This means plaintiffs may recover more.
Yet, regardless of their age, if your child died because of another person’s wrongful actions, speak with our compassionate Staten Island child injury attorney as soon as possible. These lawyers can determine your legal options following the death of your child, provide you with the legal support you need during this devastating time in your life and help you fight for your rights and the financial recovery your family needs.
6. Do You Have Any Legal Options if Another Child Hurt Your Child in Staten Island?
In general, when an adult hurts your child, your legal options are relatively straightforward. You may file a lawsuit against the adult or, if they were working at the time of the accident, their employer, and go after your child’s damages.
However, if another child harmed your child, the process of obtaining compensation is more complicated. Based on New York’s General Obligation Law §3-112, parents can be liable for the actions of their children who are between the ages of 10 and 17. Yet, when the child turns 18, they can be sued directly by the plaintiff since they are considered an adult at this point.
This law applies to biological parents, adoptive parents, and lawful guardians, but not foster parents. In addition, if you bring a lawsuit under this law, you must establish that the other child harmed your child through willful, malicious, or unlawful conduct.
Yet, due to the complexities involved with these cases, reach out to a Staten Island child injury attorney at Jacoby & Meyers LLP. We can not only determine if your child can proceed with a legal claim under this General Obligations Law, but we can also assist you as you fight for the money your child needs following this devastating incident.
7. Can You Pursue Punitive Damages Following a Staten Island Pediatric Accident?
Unlike economic and non-economic, which compensate a victim for the injuries and losses they sustained following an accident, punitive damages punish the defendant for their egregious actions and deter others from committing this act.
Consequently, courts rarely grant these damages following an accident. In fact, for a court to award these damages, the plaintiff’s attorney must prove through clear and convincing evidence that the defendant acted with a deliberate and conscious disregard for another person’s safety.
It is only possible to recover these damages if the child injury case goes to trial. These awards are not available for child injury victims if the case settles outside the courtroom.
For these reasons, if you want to find out if punitive damages apply to your child’s case, you should speak with a Staten Island child injury attorney. These lawyers can review your child’s case and determine if there is enough evidence to pursue these additional types of damages.
8. Why Should You Contact the Law Offices of Jacoby & Meyers LLP Following a Staten Island Pediatric Accident?
When it comes to finding a personal injury attorney, there is no lack of options in New York. However, bringing a successful injury claim following your child’s pediatric accident is about more than just picking the first lawyer that comes up in your Google search history.
It is about finding an attorney with the required experience handling these complex claims, the willingness to go head-to-head with the other side, and the compassion to be there for your family throughout this difficult journey, answering all your questions and giving your child’s case the respect it deserves.
Fortunately, you will not have to worry about dealing with this legal fight alone when you retain a Staten Island pediatric accident attorney, such as those at Jacoby & Meyers LLP. Rather, these legal professionals are ready to take on this fight on your child’s behalf and go after the successful resolution you want for your child and your family.
Generally, when you work with Jacoby & Meyers LLP, we can:
- Provide you with the compassionate legal representation and services you need.
- Evaluate your child’s case, determine if your child has a valid claim, and figure out the legal options they can pursue.
- Go over your child’s accident and the circumstances leading up to the accident, ensuring we secure the evidence needed to prove what happened and who was at fault.
- Hire expert witnesses such as medical specialists and accident reconstructionists to help validate your child’s claim and provide a better understanding of the actual cost of your child’s injuries.
- Handle all the paperwork associated with your child’s case and ensure that it is prepared and filed before time expires.
- Negotiate with the insurance company to maximize your child’s settlement offer.
- Head to trial if the other side won’t fight fairly, and go after maximum compensation.
If your child sustained severe injuries in a Staten Island pediatric accident because of another person’s reckless or negligent actions, do not wait to secure the legal help your family needs. Instead, contact Jacoby & Meyers LLP today at (877) 488-170 for your free case consultation and let our Staten Island child injury attorneys show you how we can fight for your child’s rights.
Jacoby & Meyers, LLP
26 Watchogue Rd Suite 1
Staten Island, NY 10314