Personal Injury Claims Involving Minors

If your child was seriously injured in an accident that was not their fault, deciding to go to court is often easier said than done.

Even if you are confident that the law is on your side, filing claims, sifting through paperwork, and keeping tabs on a dozen different deadlines is exhausting, especially when your mind is on your child and their future, not insurance negotiations and fine print.

You do not have to choose between your child’s rights and your family’s time to heal.

In New York, parents are entitled to take legal action on behalf of their injured child. However, cases involving children can be nuanced, requiring different types of evidence and a thorough understanding of state law and court-set precedent. Here is what you need to know about:

Your Rights As The Parent Of An Injured Child

Since minors are legally considered children, they typically cannot file a personal injury lawsuit the same way adults can. Parents, on the other hand, can petition the court to appoint themselves as “guardian ad litem” of the child, allowing them to make certain legal decisions on the child’s behalf.

If you are appointed guardian ad litem of your child, you have the authority to negotiate a settlement, file a lawsuit, or take a case all the way to trial. You can also hire a personal injury attorney to represent your family in proceedings, ensuring that your lawsuit has its best shot at success.

How The Statute Of Limitations Could Impact Your Case

A “statute of limitations” is a law that restricts the time period during which someone can take legal action.

In New York, the statute of limitations for most personal injury claims is typically three years from the date of injury. However, if the victim is a minor, the statute of limitations is “tolled” until their eighteenth birthday, giving the child the option of filing a claim independently upon becoming an adult. If your child is almost 18, this could seem like a more fair or practical option, but it is not always the best.

As a general rule, collecting and preserving evidence becomes more difficult over time. Memories can also falter, leading to questions about eyewitness recall and reliability. These kinds of missing details can, cumulatively, take a significant toll on otherwise strong personal injury claims.

If you are not sure how to approach the statute of limitations when it comes to your child’s accident, contact a personal injury lawyer today to schedule your free, no-obligation consultation.

Compensation In Child Injury Claims

Lawyers use the term “damages” to describe compensation for different types of injury, loss, and hardship. Damages in a personal injury case refer to the money paid in a settlement or through a court-ordered award. In New York, there is no cap on damages in most personal injury claims, meaning that your child could receive as much compensation as they need to accelerate their recovery.

However, under state law, neither a parent nor an injured child can accept a personal injury settlement without the court’s explicit permission. Judges can instead exercise their discretion by:

1. Approving a proposed settlement;
2. Refusing a settlement if they believe the amount of money is insufficient; or
3. Structure the settlement to prevent parents from controlling the funds.

The Dietrich Law Firm P.C. has spent decades filing, fighting, and winning cases like yours. A recognized U.S. News & World Report Best Law Firm, we have helped our clients in Buffalo and across Upstate New York secure more than $250 million in damages. Please contact us today at 1-866-529-5334 to schedule your free, no-obligation consultation.