The most terrifying thing you could experience as a parent is a sudden injury to your child due to negligence by a driver, business, or manufacturer. The second most frightening thing is dealing with medical bills from your child’s injuries.
Read on as our child injury attorney with Sadaka Law describes the steps you need to take as a parent to seek compensation from the negligent parties who caused your child’s injuries.
What Should You Do If Your Child Gets Into an Accident?
If your child is in an accident and you’re at the scene, follow these steps:
- Call the police and EMT or an ambulance. Get your child medical treatment for their injuries and ask the doctor for copies of all injury-related documentation.
- If you think your child suffered injuries in a car accident, get the driver’s information, including insurance and phone number. If your child suffered an injury on another person’s property, get the property owner’s information.
- Get contact information from any witnesses at the scene.
- Take pictures of the scene.
- Hire a knowledgeable child injury lawyer to advise you on pursuing your case.
If your child’s injuries occur when you are not with them, get any medical documentation to enable you to file the appropriate insurance claims. You will also need a copy for our child injury lawyer to begin building a case.
Common Child Injuries
Statistics from emergency rooms and the CDC Injury Center report that the leading cause of death among children and teens in the United States is accidental injury, with car accidents as the leading cause. An exception is for children aged 1-4, for whom drowning is the leading cause of accidental death.
According to the National Highway Traffic Safety Administration (NHTSA), children 14 years old and younger make up 3% of all traffic fatalities, with around 185,000 children injured in car accidents each year. Your child may have medical bills, therapy appointments, or permanent disability for a while to come. You could face a lifetime of care costs for your child after a car accident.
Experienced personal injury lawyers argue child injury cases so we can fight for appropriate compensation for your child’s injuries due to another driver’s negligence (if a car accident). Contact our Sadaka Law car accident attorney about your child’s injuries.
Suffocation deaths and injuries are most common among children under one year old. The CDC recommends safe sleep strategies, including placing your baby on their back to sleep, using an appropriate crib and mattress, and keeping soft materials away from your baby’s sleep area.
Sometimes, manufacturers of baby cribs and children’s toys develop a defective product or fail to warn about the risks of using their products. A knowledgeable defective products attorney can help you pursue the manufacturer for your child’s injuries or wrongful death due to negligence.
Drowning is the primary cause of accidental death in children 1-4 years old. It is the second leading cause for children under 14. Approximately 4,000 people die each year in the U.S. due to drowning, with another 8,000 visiting emergency rooms for non-fatal drowning injuries.
Drowning can occur anywhere, with several risk factors affecting the likelihood of drowning. Non-fatal drowning can lead to a high probability of severe injury and long-term disability compared to other forms of accidental injuries. In children aged 1-4, fencing around the pool decreases the risk of drowning by 83%.
Your child may encounter toxic contaminants such as lead, asbestos, contaminated water, mold, black mold, and more—all of which can affect your child’s health. Your claim to prove that toxic exposure caused your child’s injuries can be a difficult fight. Contact our personal injury attorney with experience in toxic exposure cases.
Slips and Falls
Children are curious, and as their mobility improves, so does the danger associated with slips and falls. The Safe Kids Fall Prevention Guidelines can help you prevent slips and falls, but sometimes someone else’s negligence can hurt your kids in a slip and fall accident.
Of the 1,093 child car-accident fatalities in 2020, 16% were pedestrians outside the vehicle, making up 3% of overall pedestrian deaths.
Pedestrian injuries can be much worse than vehicle occupant injuries in a car accident, as pedestrians can experience potentially high-speed impacts without protection. If your child suffers injuries in a pedestrian accident, an experienced child injury lawyer can help you seek compensation from the negligent driver.
16- and 17-year-olds can get motorcycle permits or endorsements in New York and New Jersey, and both states have helmet requirements for minor riders. If your child suffers injuries from a motorcycle accident, contact a knowledgeable motorcycle accident attorney immediately.
If a dog bites your child, you have some options for recourse. If the dog has an owner, you may be able to pursue compensation from the owner. If the dog bite occurs on private or public property by a stray dog, our personal injury attorney can help you build an argument that the property owner or municipality should have called animal control about the dog.
Every parent’s worst fear is the sudden loss of a child. If you have lost a child due to negligence by a business, manufacturer, or motor vehicle driver, our law firm’s experience in wrongful death cases can help you pursue compensation for medical bills, funeral costs, punitive damages, and more.
Facts About Child Injury Laws by State
Child injury laws vary by state, so a child injury attorney serving multiple states should know each state’s requirements.
- A child has the same rights to pursue compensation for their injuries as adults.
- A judge may refuse a settlement if they believe it to be inadequate compared to the severity of the injuries or disability of the child.
- A minor will not have access to funds from their settlement until they turn 18.
- A judge may direct funds from a settlement into an investment account from which neither the parent nor minor can deplete the funds.
- Damages awarded might deposit into a bank account if the injury doesn’t prevent the child from spending the money wisely when they turn 18 or if the settlement is small.
- You may stay or delay a claim until a child turns 18 and can file the claim themselves. However, immediate claims have a better chance of reaching an appropriate compensation settlement.
- Parents or legal guardians have the authority to negotiate, on behalf of their child, settlement amounts with the negligent party who caused the child’s injuries.
- Parents or legal guardians and their lawyers will meet with a judge during a “friendly judgment hearing” to argue why the decisions for a settlement amount and money holding plan are in the child’s best interest until they turn 18.
- A New Jersey judge must approve any settlement amount over $5,000.
How Long Do Child Injury Cases Take?
The length of child injury cases can vary depending on the situation that caused the child’s injuries, provable liability, and how severe the injuries are. For example, a class-action lawsuit against a manufacturer could take years, while a car accident case may only take a few months to a year.
What Types of Compensation Can You Get After Your Child Gets Into an Accident?
You may pursue economic damages for medical expenses, continuing therapy, or funeral expenses in a wrongful death case. Non-economic damages can include pain and suffering, loss of quality of life, disfigurement, and more.
You may also pursue punitive damages if you feel the negligent party was grossly negligent or malicious in causing harm to your child.
How Much Is the Settlement for Child Injury Cases?
A possible settlement amount for your child’s injuries depends on the factors of your case and the types of damages you seek from the negligent party.
Statute of Limitations for Child Injuries
The statute of limitations in New York is three years for many injuries, but an injury to a child gives a child until age 21 to make a claim for themselves. Exceptions include toxic exposure, where injuries may not appear until years later, and a 10-year statute of limitations for injuries to an infant.
In New Jersey, the statute of limitations for personal injury and product liability is two years after the child’s 18th birthday.
You often don’t want to wait to file your claim in either state. Your opportunity to win your case or collect a settlement improves the sooner you file.
How Do I Find a Reputable Child Injury Attorney for My Child?
At Sadaka Law, we represent clients injured by another’s negligence, whether the negligent party is a person, company, employer, or government office. Our results speak to our dedication to our clients, with over $100 million recovered for injured clients and a $1 billion settlement for a class action suit against AT&T. We have served injured victims in New York and New Jersey for over 30 years.
Contact Us at Sadaka Law in New York and New Jersey
Your child needs you to help them deal with their injuries. Schedule an initial consultation with a child injury attorney at Sadaka Law. In New York, call 201-266-5670, or call 800-810-3457 in New Jersey.