When a child is hurt, a parent's world stops. Your focus narrows to their care, their comfort, and their recovery. In the moments and days that follow, questions often arise about how and why the injury happened, especially if it was due to someone else's carelessness.
Knowing the common types of child injuries can help you recognize when an accident was more than just bad luck. An injury can have lasting effects on a child’s development, education, and overall future.
Holding the responsible party accountable can provide the financial resources your child needs to have the best possible recovery and quality of life. Contact our Manhattan personal injury lawyers for free consultations
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Injuries From Accidents on the Road
Roads and highways present daily risks for everyone, but children are uniquely vulnerable due to their smaller size and developing bodies. Whether as passengers in a car or as pedestrians, they face significant dangers from negligent drivers.
A serious injury can occur in an instant, changing a family's life forever. Even with modern safety features, the forces involved in a vehicle crash are immense. Children can sustain severe harm even in what might seem like a minor collision.
- Traumatic Brain Injuries (TBIs): A child’s head is more susceptible to injury. A sudden jolt can cause the brain to impact the inside of the skull, leading to concussions or more severe, long-term cognitive and developmental problems.
- Spinal Cord Damage: The delicate nature of a child’s developing spine means that damage from a crash can lead to partial or full paralysis, requiring a lifetime of medical care.
- Broken Bones: While children’s bones are more flexible, they can still fracture easily in a crash. A broken arm or leg can heal, but multiple or complex fractures may require surgery and extensive physical therapy.
- Internal Organ Damage: The force of a seatbelt or the impact itself can cause bruising or tearing of internal organs, leading to internal bleeding and life-threatening conditions.
- Psychological Trauma: Beyond physical harm, the terror of a car accident can leave a child with lasting emotional scars, such as anxiety, phobias related to driving, or post-traumatic stress disorder (PTSD).
Dangers for Young Pedestrians and Bicyclists
Children often lack the ability to accurately judge the speed and distance of approaching vehicles. This makes them particularly susceptible to pedestrian and bicycle accidents.
- Driveway and Parking Lot Incidents: Many tragic accidents happen when a driver fails to see a small child while backing up or pulling into a parking space.
- Intersection Crossings: A child may not wait for a walk signal or may assume a turning car will stop for them, leading to devastating T-bone style impacts.
- Darting Into Traffic: Children playing near a street may chase a ball or friend into the road without looking, placing them directly in the path of oncoming traffic.
- Distracted Driving: Drivers who are texting, talking on the phone, or otherwise not paying attention are a primary cause of serious injuries to child pedestrians and bicyclists.
Harm at Birth and During Medical Care
Parents place immense trust in doctors, nurses, and hospitals to provide safe and competent care for their children. When that trust is broken through a medical error, the consequences are catastrophic.
These injuries are often life-altering and stem from a failure to follow established medical standards.
Birth Injuries
The process of labor and delivery is a delicate one. A mistake made by a medical professional can result in a permanent injury to a newborn.
- Cerebral Palsy: This group of disorders affects movement and muscle tone. It is often caused by a lack of oxygen to the baby’s brain during a difficult or prolonged delivery.
- Erb's Palsy (Brachial Plexus Injury): This occurs when the nerves in the baby’s shoulder and arm are stretched or torn, often when the baby gets stuck during birth. It can cause weakness or paralysis in the affected arm.
- Bone Fractures: Improper use of tools like forceps or a vacuum extractor, or excessive force during delivery, can break a newborn's fragile bones, most commonly the collarbone.
- Hypoxic-Ischemic Encephalopathy (HIE): This is a type of brain damage that happens when the infant’s brain does not receive enough oxygen and blood. It can be caused by issues with the umbilical cord or placenta that are not addressed quickly enough by the medical team.
Medical Negligence
A child can be the victim of a medical mistake at any point in their life, not just at birth. These errors can lead to serious health setbacks or wrongful death.
- Misdiagnosis or Delayed Diagnosis: A doctor failing to diagnose a serious condition like meningitis, appendicitis, or childhood cancer can allow the illness to progress, making treatment much more difficult and less effective.
- Medication Errors: Giving a child the wrong medication, the wrong dose, or a drug they are allergic to can have devastating effects due to their smaller body mass and developing systems.
- Surgical Mistakes: Errors during surgery, such as operating on the wrong body part, leaving a surgical instrument inside the body, or anesthesia errors, can cause irreversible damage.
Unsafe Conditions on Someone Else's Property
Property owners have a responsibility to keep their grounds reasonably safe for visitors, and this duty is even greater when it comes to children. Children cannot always recognize a dangerous situation, and owners are expected to take precautions to prevent foreseeable harm.
A fall that might only bruise an adult can cause a significant injury to a child. Property owners who fail to maintain their premises can be held accountable for the harm that results.
- Wet and Slippery Floors: Spills in a grocery store aisle, a recently mopped lobby without a warning sign, or a leaky freezer case can all create a serious fall hazard.
- Uneven Walkways: Cracked sidewalks, broken pavement in a parking lot, or loose tiles can easily trip a child who is running or not paying close attention.
- Poorly Lit Areas: Dark stairwells, hallways, or outdoor paths make it difficult to see potential hazards, increasing the risk of a fall.
- Cluttered Aisles and Walkways: Merchandise, boxes, or equipment left in the aisles of a store creates an obstacle course that can lead to trips and falls.
Other Dangers on Properties
Beyond slips and falls, numerous other hazards on a property can cause serious child injuries if an owner is negligent.
- Unsecured Swimming Pools: Drowning is a leading cause of death for young children. Property owners who fail to install proper fencing, gates, and locks around a pool can be held liable.
- Dog Bites: A dog owner is responsible for controlling their animal. If a dog with known aggressive tendencies bites a child, the owner can be held accountable for the physical and emotional trauma.
- Falling Objects: Items stacked improperly on high shelves in a retail store or unsecured materials at a construction site adjacent to a public area can fall and strike a child.
- Unsafe Playground Equipment: Public parks, schools, and daycare centers must maintain their playground equipment. Rusted or broken parts, inadequate ground surfacing, and poor design can lead to severe fall injuries.
- Exposure to Toxic Substances: Children may be harmed by lead paint in an old apartment building or unsecured chemicals on a property.
Defective Products and Child Injuries
Parents buy products with the expectation that they are safe for their children to use. Manufacturers and retailers have a legal duty to ensure their products do not pose an unreasonable risk of harm.
- Choking Hazards: Toys designed for older children may have small parts that a younger child can detach and swallow. Manufacturers must provide clear age warnings and design toys to be durable.
- Faulty Cribs and Strollers: A crib with too far-apart slats can create an entrapment hazard. A stroller with a weak frame or faulty locking mechanism can collapse, injuring the child.
- Flammable Clothing and Bedding: Children's sleepwear is required by law to be flame-resistant. Clothing that does not meet these standards can lead to horrific burn injuries.
- Toxic Materials: Lead paint, phthalates, and other harmful chemicals are sometimes found in toys, particularly those that are cheaply made or imported. Ingesting these toxins can cause developmental delays and long-term health problems.
Protecting Your Child's Legal Rights
An insurance company representative may contact you soon after the incident. Their goal is to settle the claim for as little money as possible. You should not give a recorded statement or sign any documents without first speaking to a lawyer who represents your child’s interests.
- An attorney can investigate the incident to determine exactly how it happened and who was at fault.
- They will work with medical and financial professionals to calculate the full cost of the injury, including future medical treatments, therapy, and any impact on the child’s ability to earn a living as an adult.
- A lawyer handles all communications with the insurance companies and at-fault parties, allowing you to focus completely on your child's health.
- They will work to secure a settlement that fully and fairly compensates your child for their physical pain, emotional suffering, and all financial losses.
Frequently Asked Questions About Child Injury Claims
How long do I have to file a claim for my child's injury in New York?
In New York, the rules for filing a personal injury lawsuit for a minor differ from those for an adult. The statute of limitations, or the deadline to file, is typically "tolled," or paused, until the child's 18th birthday.
After they turn 18, they generally have three years to file their own lawsuit. However, the timelines can be shorter and more restrictive for some instances like medical malpractice. It is best to consult an attorney as soon as possible to protect your child’s rights.
Who can be held responsible for my child's injury?
Depending on the circumstances, one or more parties could be held legally accountable for the harm your child suffered.
- A negligent driver who caused a car accident.
- A doctor, nurse, or hospital that provided substandard medical care.
- A property owner who failed to maintain a safe environment in areas like Brooklyn or Queens.
- A manufacturer, distributor, or retailer of a defective product.
- A school or daycare that failed to provide adequate supervision.
What kind of compensation is available in a child injury case?
A settlement or verdict in a child injury claim is intended to cover all of the ways the injury has affected the child's life. This can include funds for:
- Medical Expenses: All past, current, and future costs for hospital stays, surgeries, doctor visits, medication, and physical or occupational therapy.
- Pain and Suffering: Compensation for the physical pain, emotional distress, and loss of enjoyment of life the child has experienced.
- Loss of Future Earning Capacity: If the injury is permanent and will limit the child's ability to work and earn a living as an adult, compensation can be sought for this future loss.
- Future Care Needs: Funds for things like home modifications, assistive devices, or in-home nursing care if the injury causes a permanent disability.
A Note on New York's Laws for Child Injuries
In New York, any settlement for a minor must be approved by a court. This process, known as an infant compromise order, ensures the settlement is fair and in the child's best interest. A lawyer can guide you through this process to ensure all legal requirements related to these types of child injuries are met.
Your Family's Path to Justice
Seeing your child suffer because of another's negligence is a profound injustice. While no money can erase what happened, securing your child's financial future is a powerful way to reclaim control and provide them with the resources they need to thrive.
The legal system offers a path to holding the responsible parties accountable and obtaining the highest quality of medical care and support.
Queller Fisher's attorneys have a long history of fighting for injured children and their families throughout New York City, including Brooklyn and Queens, as well as Westchester, Nassau, and Suffolk counties.
We approach each case with the compassion and dedication it deserves, working tirelessly to build the strongest claim possible. If your child has been injured, we invite you to reach out for a no-cost consultation to discuss your situation.
- Contact Us Today: Let us help you find the answers and support you need.
- Our Commitment: We handle every aspect of the legal process so you can focus on your child's recovery.
- Call for a Free Consultation: You can reach our New York office at 212-406-1700 to speak with a member of our team.
Visit Our Office: We are located at The Woolworth Building, 233 Broadway, 18th Floor, New York, NY 10279.