New York State Child Injury Lawyer
Finkelstein & Partners, LLP
1279 NY-300
Newburgh, NY, 12550
(845) 420-1779
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Finkelstein & Partners, LLP – Winning Serious Injury Lawsuits Since 1959
When a child is hurt because of someone else’s negligence, the impact reaches every corner of a family’s life. Medical bills pile up, parents miss work, and a child who should be growing and thriving is instead dealing with pain, fear, and recovery. At Finkelstein & Partners, our New York child injury lawyers have spent decades standing up for injured children and their families, and we know how to build the kind of case that gets real results.
Children deserve every protection the law affords them. If your child was injured due to someone else’s carelessness, whether at school, on a playground, in a vehicle, or on another person’s property, contact Finkelstein & Partners today for a free consultation.
Why Child Injury Cases Require Specialized Legal Help
Child injury cases are not simply smaller versions of adult personal injury claims. They involve unique legal rules around liability, damages, and timing that require attorneys with specific experience in this area. Insurance companies and defense teams know these rules too, and they use every available argument to limit what they pay, including attempts to blame the child’s own behavior for the accident.
Children are also uniquely vulnerable to severe and lasting harm. An injury that might be temporary for an adult can affect a child’s development, education, and long-term earning potential in ways that must be carefully calculated and fully pursued. Finkelstein & Partners works with medical experts, developmental specialists, and economic analysts to ensure every element of your child’s loss is captured in the claim.
With over 50 years of experience and offices throughout New York City and New York State, our child injury law firm is ready to fight for your family from the first consultation through the final resolution.
Common Types of Child Injury Cases Our Injury Attorneys Handle
Children are injured in a wide variety of circumstances, many of which involve clear adult negligence. Our New York child injury lawyers represent families in cases involving:
- Motor vehicle accidents, including car crashes, school bus accidents, and pedestrian collisions
- Playground and school accidents caused by dangerous conditions or negligent supervision
- Slip and fall accidents on unsafe premises, including stores, apartment buildings, and public spaces
- Dog bites and animal attacks
- Swimming pool and drowning accidents
- Defective toys, products, and equipment designed for or marketed to children
- Daycare and childcare negligence
- Sports and recreational accidents involving negligent supervision or unsafe equipment
- Burns and fire injuries caused by dangerous conditions on another person’s property
If your child was injured in any circumstance involving another party’s negligence, contact us to discuss your options. Many families are surprised to learn they have a strong case.
Where Child Injuries Happen: Key Settings and Liable Parties
Understanding who is legally responsible for a child’s injury depends significantly on where and how the accident occurred. In many cases, multiple parties share liability.
School and Daycare Accidents
Schools and daycare facilities owe children a duty of adequate supervision and a reasonably safe environment. When a teacher fails to supervise properly, when equipment is defective or poorly maintained, or when a school’s safety policies are ignored, the school district or facility, and in many cases the City of New York, can be held liable. Claims against public schools and city agencies require a Notice of Claim to be filed within 90 days of the injury, making prompt legal action essential.
Premises Liability and Property Owner Negligence
New York law imposes special duties on property owners when children are involved. Under the attractive nuisance doctrine, owners of property containing conditions that are likely to attract children, such as unfenced pools, construction sites, or abandoned equipment, may be liable even if the child was trespassing. Property owners who invite children onto their premises, including stores, parks, and recreational facilities, must ensure those spaces are reasonably safe.
Motor Vehicle Accidents
Children are among the most vulnerable road users. When a driver’s negligence causes a crash that injures a child passenger, a child pedestrian, or a child on a bicycle, the driver and their insurer can be held fully accountable. School bus accidents involving contractor-operated vehicles may also give rise to claims against both the driver and the company.
Defective Products
When a toy, piece of playground equipment, car seat, or other product designed for children is defective and causes an injury, the manufacturer, distributor, or retailer may be liable under New York product liability law. These cases often involve complex technical evidence and require attorneys with experience pursuing corporate defendants.
Special Legal Considerations in New York Injured Children Cases
Child injury cases in New York are subject to specific legal rules that differ meaningfully from standard adult personal injury claims. Understanding these rules is critical to protecting your child’s rights.
New York’s statute of limitations is tolled, or paused, for minors until they turn 18. This means that in most cases, a child injured before their 18th birthday has until their 21st birthday to file a personal injury lawsuit. This extended window exists to ensure that a child’s legal rights are not lost simply because their parents did not act during childhood.
However, there is one critical exception: claims against government entities, including public schools, city agencies, and municipal transportation authorities, require a Notice of Claim to be filed within just 90 days of the injury. This deadline applies regardless of the child’s age and is strictly enforced. Missing it can permanently bar the claim, which is why contacting a child injury attorney as soon as possible after the accident is so important.
What Compensation Can a Child Injury Claim Recover?
A successful child injury lawsuit in New York can recover damages for a broad range of losses, both current and future. The goal is to make the child as whole as possible, given what they have experienced and what they may face ahead.
Recoverable damages may include past and future medical expenses, including emergency treatment, surgery, physical therapy, and any ongoing specialist care related to the injury. They may also include compensation for pain and suffering, emotional distress, and the loss of enjoyment of childhood activities and experiences the child can no longer participate in.
In cases involving permanent injuries, recoverable damages also include the lifetime value of the child’s diminished earning capacity, the long-term cost of any required care or support, and compensation for developmental impacts on education and quality of life. Finkelstein & Partners works with the right experts to calculate every one of these elements accurately and fight for every dollar your child is owed.
What to Do After Your Child Is Injured in New York
The steps taken in the days immediately following a child’s injury can significantly affect the strength of a legal claim. If your child has been hurt due to someone else’s negligence, there are several things you should do right away.
Seek medical attention immediately, even if injuries appear minor. Get documentation of every diagnosis, treatment, and follow-up visit, and keep records of all costs associated with the injury. Report the accident to the relevant authority, whether that is a school administrator, a property owner, or law enforcement, and request a copy of any incident report that is filed.
Do not give recorded statements to any insurance company or institutional representative before speaking with a child injury attorney. Statements made in the early days after an accident are frequently used to minimize or deny claims. Contact Finkelstein & Partners as soon as possible so we can protect the evidence, identify all liable parties, and ensure no critical deadline is missed.
New York Child Injury FAQ
Child injury cases involve several legal nuances that parents often have questions about. Here are honest answers to the ones we hear most.
Can My Child’s Legal Action Be Filed Even Years After the Injury?
In most cases, yes. New York tolls the statute of limitations for minors, giving injured children until age 21 to file most personal injury lawsuits. The important exception is claims involving government entities, which require a Notice of Claim within 90 days of the injury regardless of the child’s age. An attorney can review your situation and confirm which deadlines apply.
What if My Child Was Partly at Fault for the Accident?
New York follows a pure comparative negligence rule, which means a child can still recover compensation even if they contributed to the accident. The recovery is reduced by the child’s percentage of fault, but is not eliminated entirely. Defense attorneys routinely try to assign a high percentage of blame to children to minimize their client’s liability, and our attorneys are experienced in pushing back on those arguments effectively.
What if the Personal Injury Happened at a New York City Public School?
Claims against the City of New York, the Department of Education, or any other public entity require a Notice of Claim to be filed within 90 days of the accident. This is a strict procedural requirement, and missing it will almost certainly end the case. Contact our office immediately if a public school or city agency is involved in your child’s injury.
How Much Does It Cost to Hire Legal Representation for a Child Injury?
Nothing upfront. Finkelstein & Partners handles child injury cases on a contingency fee basis, meaning you pay no legal fees unless we recover compensation for your family.
Contact a New York Child Injury Lawyer for a Free Consultation
Your child’s future is too important to leave to chance. If your child was injured because an adult, an institution, or a company failed in its duty of care, Finkelstein & Partners is ready to hold them accountable and pursue every dollar your family deserves.
Call us today for a free, no-obligation consultation or contact us online. We serve families throughout New York City and across New York State, and there is no fee unless we win your case.