Newburgh Child Injury Lawyers
There are no boundaries for parents when it comes to protecting their children. While accidents happen, when someone’s negligence injures a child, parents have the right to hold the person or entity responsible for their child’s injury.
At Finkelstein & Partners, LLP, we understand parents’ grief and anger over their child’s injury. Our Newburgh child injury lawyers are committed to helping get compensation for your child’s care and the added financial burdens you face following your child’s injury.
Finkelstein & Partners LLP History of Results in Child Injury Cases
We understand that our history of success does not guarantee we will secure a settlement on any particular case. However, we have a proven track record of success in holding those responsible for a child’s injuries accountable for their action or lack of action.
Some of the recent results we have secured include:
- A child getting ice cream – This five-year-old was returning from purchasing ice cream when he was struck by a vehicle and dragged. We were successful in securing an $8.3 million settlement for this family.
- Dog bite victim – A 12-year-old suffered significant injuries from a dog attack. This child will require multiple surgical procedures to repair the damage to their face. At a jury trial, we secured a $1.6 million judgment.
- Lawnmower defect – When a child is playing in their yard, parents typically monitor their actions relatively closely. In this case, a landscaper hit a baseball with their lawnmower, striking the child and fracturing their skull. The lawnmower was defective, and the landscaper failed to take protective measures before mowing. The final settlement was slightly more than $4 million to be paid to the child over their lifetime.
- Failure to supervise – Vacation is a time for friends and family to enjoy the outdoors and fun. However, resorts and other recreational facilities that rent equipment must ensure their customers know proper safety protocols. In this case, the adults and resort failed to supervise children operating jet skis. The result of filing suit against the responsible adults and the resort was a $1.3 million settlement.
- School negligence – Most of us do not consider water balloons dangerous. However, a water balloon launched from an oversized slingshot cost a student an eye. The school district offered a $2 million settlement, which the judge approved.
As you can see, someone’s failure to behave reasonably can cause various injuries to a child. Our goal will always be to act in your child’s best interest should their injury result from someone’s negligence.
Childhood Injuries Take and Break Lives
Statistics tell us a lot about children and unintentional injuries. Studies show that, on average, 20 children lose their lives each day because of a preventable injury. It is important to remember these are more than statistics—when we learn that more than 7,000 children die annually from injuries, the losses go far beyond their lives.
After losing a loved one, grandparents, parents, and siblings’ lives will never be the same. Money cannot reverse this loss, but a wrongful death lawsuit can help a family find closure and cope with their changed lives.
Fortunately, many children survive injuries.
However, injuries a child can suffer from an accident include:
- Broken bones
- Head and neck trauma
- Back injuries
- Burn injuries
- Serious internal injuries
- Brain damage
- Emotional and psychological issues
- Scars and other forms of disfigurement
Fortunately, children tend to heal faster than adults. However, depending on the extent of the injury, a child may need round-the-clock nursing care or other supervision during the healing process. Parents often need to take extensive time off work to care for an injured child.
In cases where a child has scarring after an injury, they could face plastic surgery procedures to repair the damage. Burns and other injuries can cause the child serious pain for a long period, causing additional strain on the parents and family members.
Establishing Liability in Child Injury Cases
Getting to the root cause of a child’s injury may take time. There may be more than one party responsible for an injury depending on the accident.
Some of the responsible parties may include:
- Motor vehicle operators – Cars, school buses, municipal buses, trucks, delivery vans, Uber/Lyft drivers, motorcycles, and ice cream truck drivers may be held liable for injuries caused by reckless driving, failure to obey traffic signals, or failure to yield the right of way.
- Employer of drivers – In cases where a commercial vehicle injures a child, the driver’s employer may be liable.
- School districts/staff – If a daycare facility, school, or a school-supervised field trip injures your child you can hold liable the parties responsible for their safety.
- Facility owners – Museums, shopping centers, theme parks, and other similar facilities must maintain a certain level of safety for guests. If failure to maintain a facility properly injures your child you can hold the owner liable.
- Pet owners – When a dog attacks a child, parents may hold the pet owner responsible for their child’s injuries, physical and psychological.
- Product manufacturers/distributors – When defective equipment injures your child, you can hold the manufacturer or distributor of the item liable.
- Medical personnel – If a medical provider fails in their duty to provide a proper standard of care, you can hold them accountable for the injury, pain, suffering, and future treatment a child may require under New York’s medical malpractice laws.
There may be more than one party responsible for a child’s injuries. Parents should speak with a Newburgh personal injury lawyer at Finkelstein & Partners, explain the circumstances surrounding their child’s injury, and the lawyer can advise the best way forward to seek compensation.
Financial Recovery on Behalf of an Injured Child
Children do not have legal standing to file a lawsuit or insurance claim on their behalf as minors. They have two options: a parent may file on behalf of the child before the statute of limitations expires, or the child may wait and file after their 18th birthday but before their 21st birthday.
Should the parent file on behalf of their child, any settlement offer will have to be approved by the court. Additionally, parents may not have access to any settlement funds awarded to the child except upon approval by the court. The parent must submit a request outlining how they will use the funds for the child.
Child Injuries Frequently Asked Questions
Various issues can impact the possibility of securing a settlement on behalf of an injured child in Newburgh. We have assembled a list of the most common questions about these cases to provide guidance.
How long do I have to file a child injury lawsuit in New York?
Typically, an accident injury lawsuit has a three-year statute of limitations. The statute of limitations does not commence for a minor until the child reaches eighteen. Therefore, the older the child, the more beneficial it may be to allow the child to file a claim when they reach eighteen. Speak with an experienced child injury lawyer to help decide which option is best for your family.
What type of compensation is my child entitled to receive?
Victims may request two basic types of compensation for an injured child. These are economic and non-economic damages. Economic damages have a precise financial value, while non-economic damages vary based on the impact on the individual. The child and parent can claim damages for the following:
Compensation for the child:
- Non-economic Damages
- Pain and suffering
- Emotional distress
- Economic Damages
- Past and future medical care
- Expenses related to rehabilitation or therapy
Compensated for parents:
- Economic Damages
- Lost wages from time spent on care for the child
- Out of pocket expenses related to the child’s care
- Other expenses as approved by the court
This list does not comprehensively cover all potential areas of compensation. Parents should seek guidance from an experienced Newburgh child injury lawyer to discuss their child’s injury and its effect on their family to determine all claimable damages.
What happens if my child was injured by another child deliberately?
Parents may be able to hold another child’s parent accountable for their child’s actions. The Parent Accountability Act states that children between 10 and 18 who cause injury may result in the parents bearing financial responsibility. Speak with an attorney to determine your right to hold parents accountable for their child’s actions.
What if a lack of supervision led to my child’s injury on school grounds?
In these cases, it may be possible to hold the school, teacher, or other parties responsible under the legal standard of negligent supervision. Parents expect their children to be safe when attending school, and if a child suffers a serious injury because of a lack of supervision, the negligent parties should be held accountable.
What happens if a theme park ride injures my child?
Some theme park rides injure a child because of a child’s unsafe actions. But in some cases, the ride operator or other responsible party may have failed to keep the child safe, resulting in serious injury. In these cases, it may be possible to hold the ride operator or theme park accountable for failure to take appropriate safety measures.
How much would my child be eligible for if they are injured?
Several factors determine the value of a child injury case, including:
- The age of the child
- The child’s physical condition before the injury
- Whether the child will have a full recovery from their injuries
- The amount of mental distress the incident caused the child
- Whether the child will have scarring or disfigurement because of the injury
Every case is different, making each settlement unique to that injury. Rest assured that the Newburgh child injury lawyers at Finkelstein & Partners LLP will do everything possible to maximize the amount of compensation to ensure the child’s future and your family are financially stable through their recovery.
How do we pay a lawyer if the court will not allow us to take money from a settlement?
The courts will approve the payment of legal services once they approve a settlement. Additionally, we typically accept child injury cases in Newburgh on a contingency fee basis. A contingency fee agreement means that parents only pay for legal fees if we secure a settlement for their child. While parents may not be obligated to pay for legal fees upfront, win or lose, they may be obligated to pay accrued document and filing fees.
Contact a Newburgh Child Injury Lawyer Today for Help
Parents should not have to suffer the financial consequences of a preventable injury. When your child suffers an injury because of a third party, and you believe that negligence played a role, contact the Newburgh child injury lawyers at Finkelstein & Partners LLP online or call (845) 562-0203. We are happy to schedule a free case evaluation and determine how best to help you seek the compensation you and your family deserve.
1279 Route 300
PO Box 1111
Newburgh, NY 12551