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Yes, a parent or guardian can file a personal injury claim for an injured child in NYC. Learn the deadlines, damages, and court approval rules. Call (718) 268-8800.
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Yes. In New York, a child generally cannot file a personal injury lawsuit on their own.
Instead, a parent, legal guardian, or another court-approved representative may pursue a claim on the child's behalf. Whether the injury occurred in a car accident, at school, on a playground, or because of another person's negligence, taking the right legal steps can help protect your child's future.
If your child has been injured, contact Davidoff Law at (718) 268-8800 for a free consultation.
Can a Parent or Guardian File a Personal Injury Claim for a Child?
Yes. Because minors generally do not have the legal capacity to file lawsuits, a parent or legal guardian may bring a personal injury claim on the child's behalf. The adult acts as the child's representative throughout the legal process while the court helps ensure that any settlement or judgment serves the child's best interests.
Depending on the circumstances, the claim may be filed by:
- A parent
- A legal guardian
- A court-appointed representative, when necessary
Although an adult manages the case, the claim belongs to the child, and any compensation awarded is intended to benefit the child's recovery and future needs.
What Types of Accidents Can Lead to a Child's Personal Injury Claim?
Children can suffer serious injuries in many different situations. When another person or organization fails to exercise reasonable care, the injured child may have grounds to pursue compensation.
Car Accidents
Children may be injured while riding as passengers, walking near traffic, or traveling on school buses. Depending on the circumstances, a negligent driver, vehicle owner, or another responsible party may be liable for the child's injuries.
Pedestrian Accidents
Children are especially vulnerable to pedestrian accidents because they are smaller, less visible to drivers, and may have difficulty judging traffic. These accidents often occur near schools, parks, neighborhoods, and intersections.
Bicycle Accidents
Drivers who fail to yield, speed through residential areas, or drive while distracted can seriously injure children riding bicycles. Liability may also involve unsafe road conditions or defective bicycle components in some cases.
School and Daycare Accidents
Schools and daycare facilities have a duty to take reasonable steps to protect children in their care. Injuries may result from inadequate supervision, unsafe premises, negligent staff, or dangerous conditions on school property.
Playground Injuries
Playground accidents can occur because of defective equipment, poor maintenance, hazardous surfaces, or inadequate supervision. Depending on where the accident occurred, responsibility may rest with a school, municipality, property owner, or another party.
Dog Bite Injuries
Dog attacks can cause serious physical and emotional injuries to children. New York law applies specific legal standards to dog bite claims, and determining liability often depends on the circumstances of the attack and the dog's history.
Slip and Fall Accidents
Children may be injured by wet floors, broken sidewalks, unsafe stairways, uneven walking surfaces, or other hazardous property conditions. Property owners generally have a duty to maintain reasonably safe premises for lawful visitors.
Defective Product Injuries
Defective toys, cribs, car seats, household products, and other consumer goods can cause serious injuries to children. Depending on the facts of the case, manufacturers, distributors, or sellers may be held responsible for injuries caused by an unreasonably dangerous product.
What Must Be Proven in a Child's Personal Injury Claim?
Like most personal injury cases, a child's claim generally requires proof that another party's negligence caused the injury. Although the facts vary from case to case, parents or guardians typically must establish:
- The defendant owed the child a duty of care.
- The defendant breached that duty through negligent or wrongful conduct.
- The defendant's actions directly caused the child's injuries.
- The child suffered damages as a result of the accident.
Because children may not recognize or respond to dangerous situations in the same way as adults, courts often consider a child's age, maturity, and ability to appreciate risk when evaluating certain issues. These factors can affect how liability is analyzed depending on the circumstances.
A child's injury can have lasting physical, emotional, and financial consequences. If your child was injured because of someone else's negligence, call Davidoff Law at (718) 268-8800 today for a free consultation.
What Compensation May Be Available?
The compensation available in a child's personal injury case depends on the nature and severity of the injuries, the child's future needs, and the financial losses resulting from the accident. In many cases, both the child and the parent may have separate legal claims.
Damages Recoverable for the Child
A child may be entitled to compensation for losses directly resulting from their injuries, including:
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Future medical expenses
- Future loss of earning capacity, when supported by the evidence
Because some childhood injuries have lifelong consequences, compensation may account for the child's future medical care and long-term needs.
Damages Recoverable by Parents
Parents may also have the right to recover certain financial losses related to their child's injuries, including:
- Medical expenses they paid or are legally responsible for paying
- Other reasonable accident-related expenses recognized under New York law
An attorney can evaluate the circumstances of your case and determine which damages may be available to both the child and the parent.
Does New York Have Different Deadlines for Children's Injury Claims?
Yes. In many cases, New York law extends the time for an injured child to file a personal injury lawsuit. Under CPLR § 208, the statute of limitations is generally tolled while the child is a minor, although important exceptions may apply.
However, parents should not assume they can wait years to take action. Claims against government entities, including public schools or municipalities, often require a Notice of Claim within a much shorter time after the accident. Waiting too long may result in the loss of important evidence or affect your child's legal rights.
Because the applicable deadlines vary depending on the facts of the case, it is best to consult a personal injury attorney as soon as possible.
How Are Settlements for Children Approved?
Unlike most adult personal injury claims, settlements involving children generally require court approval to help ensure the agreement is fair and serves the child's best interests.
Depending on the circumstances, the court may:
- Review the proposed settlement
- Approve an Infant Compromise Order
- Determine how settlement funds should be protected until the child reaches adulthood
- Approve a structured settlement when appropriate
These safeguards are intended to protect the child's financial interests and ensure the compensation is used for their benefit.
Can a Child Be Found Partially at Fault?
Possibly. New York follows a pure comparative negligence rule, but a child's conduct is not evaluated in the same way as an adult's.
Instead, courts generally consider factors such as the child's:
- Age
- Intelligence
- Maturity
- Ability to recognize and avoid danger
Very young children may not be considered capable of negligence, while older children may be held to the standard of care expected of a reasonably careful child of similar age, intelligence, and experience.
How Can a New York City Personal Injury Lawyer Help?
A lawyer can protect your child's legal rights while handling the complex legal and procedural issues involved in a child's injury claim.
An attorney can help:
- Investigate the accident
- Gather medical records and other evidence
- Identify all liable parties
- Calculate current and future damages
- Negotiate with insurance companies
- Obtain court approval of a settlement, when required
- Protect your child's long-term interests throughout the claims process
Having experienced legal representation allows parents to focus on their child's recovery while their attorney handles the legal process.
Frequently Asked Questions (FAQs)
Can a grandparent file a personal injury claim for a child?
Does the settlement belong to the child?
Will my child have to testify?
What if my child was injured at school?
Contact Our Personal Injury Lawyer at Davidoff Law for a Free Consultation
When a child is injured, protecting their health and future is your top priority. If your child was hurt because of someone else's negligence, contact Davidoff Law today at (718) 268-8800 for a free consultation.
Our experienced personal injury attorneys can explain your legal options, protect your child's rights, and pursue the compensation your family deserves.
Ruben Davidoff, founder of Davidoff Law, established his practice in 2012 after moving to Queens in 1988 and beginning his legal career in 1997. Admitted in NY State and the US District Court for the Eastern District of NY, he has extensive experience in personal injury, handling various cases like airline crashes, auto accidents, and slip/trip and fall cases. Mr. Davidoff provides personalized attention, recovering millions for clients through settlements or verdicts, leveraging decades of experience.
