When someone or something harms your child, either through a deliberate act or through negligence, your family may never be the same. The consequences of these injuries can shatter your life and the life of your child. By law, children are granted the same rights as adults in most cases; however, a child under the age of 18 is not allowed to file a claim on their own behalf. Normally, a child’s parent or guardian will bring the lawsuit on behalf of the injured child.
Types of Child Injury Related to Negligence or Defective Products
If your child was injured because of negligence or a defective product, your attorney must clearly establish a chain of liability. It can be quite complicated to file a product liability claim on behalf of your child. You must prove that the injuries your child sustained were the direct result of a product defect or a failure to warn. This can take a lengthy investigation and going head-to-head with a large corporation or manufacturer. As such, it is advisable to speak to an experienced New York personal injury attorney at Talisman & DeLorenz, P.C., Members of the Multi-Million Dollar Advocates Forum and The National Top 100 Trial Lawyers.
Some of the most common ways a child could suffer physical or emotional harm include the following:
- Being bitten by an aggressive dog;
- Defective toys;
- Playground conditions which are not safe for children;
- Automobile accidents;
- Negligence at the child’s school, childcare facility or summer camp;
- Defective safety equipment such as a child’s car seat;
- Baby formula or baby food which has been contaminated;
- Intentional physical acts of violence;
- Unsafe cribs or toys;
- A slip and fall accident in a public place due to the negligence of the owner/manager;
- Falling from a window in a building with no window guards;
- Accidents on bicycles, tricycles or ATV’s;
- Injuries which occur at an amusement park and are the result of negligence;
- Sports injuries
- Swimming pool accidents and drownings;
- Accidents which occur on stairs, escalators or elevators, and
- Being scalded by boiling water.
Depending on the circumstances surrounding the accident, there may be multiple defendants. If this is the case for your child’s injuries, it can be difficult to know who to sue and what type of claim you will bring. As an example, if your child is injured on a carnival ride, you may have a claim against the owner of the property, the owner of the specific ride, and the operator of the ride.
When Your Child Suffers Emotional Harm
Perhaps your child has suffered emotional rather than physical harm. Emotional trauma can be the result of recklessness, intentional behavior, or negligence. In many cases, emotional trauma will accompany physical trauma, such as sexual abuse. In the state of New York, personal injury situations involving children can involve complex medical and psychological challenges. Physical and emotional trauma at a young age can require months or years of medical and psychological interventions. If your child has suffered physical or emotional harm, it is advisable that you speak to a skilled New York personal injury attorney at Talisman & DeLorenz P.C.
Claims on behalf of a child against the City or State of New York
There are specific laws which relate to the time you have to file suit against the negligent party, some of which are very short periods of time, which makes it extremely important to contact Talisman & DeLorenz, P.C. immediately following your child’s injury to determine the statute of limitations that applies to your child’s claim. For example, if your child’s claim is against a city or state agency, the time to bring a claim is extremely limited and the statute of limitations could be as short as 90 days from the date of the accident and/or injury. If you do not commence an action within the applicable statute of limitations, you will lose your right to sue.
Contact Your New York Child Injury Lawyers
If your child has been the victim of physical or emotional harm in New York, you need an experienced personal injury law firm on your side. At Talisman & DeLorenz, your New York child injury attorneys are zealous child advocates with over 50 years experience. Call us today at 1-212-422-9000 for a free consultation and review of your case or fill out our confidential online contact form. The New York child injury attorneys at Talisman & DeLorenz, P.C., Members of the Multi-Million Dollar Advocates Forum and the National Top 100 Trial Lawyers can help you and your family through this difficult time. Call today.