Queens Child Injury Lawyer

Understanding the Personal Injury Accidents That Harm Children

Childhood is supposed to be a time of joy, exploration, and growth. However, there are unfortunate situations where children can become victims of accidents and suffer injuries. These incidents can have a devastating impact on their lives, affecting their physical well-being and emotional development. In such cases, personal injury claims can provide a way for families to seek justice and compensation for the harm caused to their children. Understanding these situations can help parents and caregivers be more aware and take appropriate legal action if necessary.

Playground Accidents

Playgrounds are meant to be a safe space for children to have fun and engage in physical activities. However, negligence in maintaining or designing playground equipment can result in serious injuries. Falls from defective structures, entrapment, and inadequate supervision can lead to broken bones, head injuries, or even more severe consequences like wrongful death. Personal injury claims in such cases may focus on product liability, holding responsible parties accountable for the harm caused to the child.

School-Related Incidents

Children spend a significant portion of their time at school; unfortunately, accidents can happen in educational settings. Instances of bullying, physical altercations, or inadequate supervision can result in injuries. Moreover, sports-related injuries due to lack of proper coaching, unsafe playing surfaces, or defective equipment can also give rise to personal injury claims. These claims may involve proving negligence on the part of school staff, administration, or other responsible parties.

Motor Vehicle Accidents

Children are vulnerable road users, and unfortunately, they can be involved in motor vehicle accidents as pedestrians, passengers, or cyclists. Careless drivers, disobeying traffic laws, or inadequate safety measures can lead to severe injuries or even fatalities. Personal injury claims in such cases may involve proving negligence on the part of the driver and seeking compensation for medical expenses, pain and suffering, and long-term consequences of the child’s injuries.

Medical Malpractice

Trusting healthcare professionals to provide the best care for our children is essential. However, medical errors can occur, leading to serious harm. Misdiagnosis, medication errors, surgical mistakes, or birth injuries can impact a child’s health and well-being. Personal injury claims involving medical malpractice require demonstrating the negligence of the healthcare provider and the resulting harm caused to the child.

How Is Compensation Handled in Child Injury in Queens?

Childhood is a time of innocence and vulnerability, but unfortunately, accidents and injuries can disrupt the lives of children and their families. When a child sustains an injury due to someone else’s negligence or misconduct, seeking compensation becomes crucial to cover medical expenses, ongoing care, and potential long-term consequences. In Queens, the legal system has specific guidelines for handling compensation in child injury cases.

Determining Liability

In child injury cases, establishing liability is a crucial step in pursuing compensation. New York follows the rule of comparative negligence, which means multiple parties can be held responsible for an accident. The court will evaluate the actions of all parties involved and assign a percentage of fault to each. However, it’s important to note the child’s own negligence, if any, will also be evaluated differently based on their age and level of maturity.

Types of Compensation Available

In child injury cases, different types of compensation may be sought to address the personal and financial damages suffered by the child and their family. These may include:

• Medical expenses: Compensation can cover past, current, and future medical expenses related to the injury. This includes hospitalization, surgeries, rehabilitation, therapy, medication, and any necessary assistive devices.
• Loss of earning capacity: In cases where the child’s injury affects their ability to earn income in the future, compensation may be sought to cover potentially lost wages and diminished earning capacity.
• Future care and assistance: If the child requires ongoing care, such as medical assistance, therapies, or specialized education, compensation can be sought to cover these future costs.

When a child suffers an injury due to someone else’s negligence in New York, pursuing compensation becomes a critical step in helping the child recover and securing their future well-being. Understanding the intricacies of how compensation is handled in child injury cases is essential for parents and caregivers.

Structured Settlements and Guardianship

In child injury cases, the court may require the compensation awarded to be placed in a structured settlement or a guardianship account. These arrangements ensure the child’s best interests are protected, and the funds are managed appropriately until the child reaches a certain age or milestone, such as turning 18 or completing higher education. Structured settlements provide a steady stream of income, while a designated guardian or trustee oversees guardianship accounts.

Seeking Justice for Your Child? Contact The Law Office of Cohen & Jaffe, LLP Today

The welfare and well-being of injured children should always be a top priority. The pain and suffering they endure, along with the financial burdens placed on their families, require compassionate support and effective legal representation. If your child has suffered an injury in Queens, it is crucial to seek the assistance of a dedicated legal team specializing in child injury cases.

At The Law Office of Cohen & Jaffe, LLP, our child injury lawyers have a proven track record of advocating for the rights of injured children and their families. With our expertise, we can guide you through the complex legal process and work tirelessly to secure the compensation your child deserves. Take the first step towards justice and a brighter future for your child by contacting the Law Office of Cohen & Jaffe, LLP today through our online contact form or by calling 718-280-5337. You can also subscribe to our informative Law Office of Cohen & Jaffe, LLP YouTube channel for valuable insights and updates on child injury cases.