When a child is injured and someone else's negligence is the cause, a personal injury claim will likely follow. However, the injury can be devastating for both the child and their family. In New York, personal injury claims involving children are subject to specific legal considerations, especially when it comes to calculating damages. The process of determining compensation for a child's injuries isn’t always easy. In some cases, you must take into account not only the immediate medical expenses but also the long-term effects of the injury on the child's future.
Children are especially vulnerable to injuries, whether from car accidents, slip and falls, medical malpractice, or other incidents. The legal system recognizes this vulnerability and provides legal options for the parents or guardians to seek compensation on behalf of their children. However, calculating these damages in these cases requires a thorough understanding of New York law and a careful assessment of the child's current and future needs.
Fortunately, there are experts who can help. The NY personal injury attorneys at Brandon J. Broderick, Attorney at Law have helped clients in these types of cases. We are ready to assist you.
Types of Damages in Personal Injury Claims Involving Children
In personal injury claims involving children, the damages awarded can be categorized into two main types: economic and non-economic damages.
Economic Damages
Economic damages are tangible, quantifiable losses that are caused directly by the injury. These typically include the cost of medical care, such as hospital stays, surgeries, rehabilitation, physical therapy, and any ongoing treatment required. In addition to these immediate costs, future medical expenses must be estimated and included if the injury is expected to require long-term or lifelong care.
Another important aspect of economic damages is the loss of earning capacity. Although children do not have an established income, the injury may impact their future ability to earn a living. Damages can be calculated based on the potential future income the child might have earned if they had not been injured. This isn’t an easy number to determine, which is why experts may be brought in to help.
Non-Economic Damages
Non-economic damages are intangible but are no less significant. These include compensation for the physical pain and emotional distress the child has endured as a result of the injury. Additionally, if the injury affects the child's ability to enjoy activities or participate in normal childhood experiences, damages may be awarded for the loss of enjoyment of life.
Special Considerations for Children
Calculating damages for children in personal injury cases requires special consideration due to the unique aspects of childhood development and the long-term implications of injuries.
Growth and Development
Growth and development must be taken into account, as injuries that might heal relatively quickly in an adult could have more significant and long-lasting effects on a child. For example, a bone fracture in a child could potentially affect the growth plate, leading to long-term issues.
Education and Career Impact
An injury that affects a child's cognitive abilities or physical capabilities could have a profound impact on their future education and career opportunities. Damages must consider the potential loss of educational attainment and future earning capacity.
Life Expectancy
Because children have a longer life expectancy than adults, any ongoing or permanent effects of an injury must be considered over a longer period, potentially increasing the amount of compensation required to cover long-term care and support.
The Role of Guardians in Personal Injury Claims
In New York, a child cannot file a lawsuit on their own behalf. Instead, a parent or legal guardian must file the claim on the child's behalf. This guardian is responsible for making decisions about the claim, including whether to accept a settlement offer. However, any settlement must be approved by the court to ensure that it is in the best interests of the child. The court may also appoint a guardian ad litem, an independent party who is responsible for representing the child's best interests during the legal process. The guardian ad litem ensures that the child's rights are protected and that any settlement is fair and adequate.
New York Laws Impacting Personal Injury Claims for Children
Several specific laws and legal principles apply to personal injury claims involving children in New York. The most important aspect in these cases is the statute of limitations. In New York state, the statute of limitations is three years for personal injury claims from the date of the injury occurred. However, in the case of a minor, the statute of limitations is extended. A child has three years from their 18th birthday to file a personal injury claim. This extension recognizes that children may not have the legal capacity to file a claim until they reach adulthood. However, claims against municipalities or government entities may have shorter deadlines and require a Notice of Claim to be filed within 90 days.
In cases involving significant damages, courts may order that the compensation be paid out as a structured settlement rather than a lump sum. A structured settlement spreads the payments over time, which can provide ongoing financial support for the child as they grow up. This method ensures that the child has access to necessary funds throughout their development and into adulthood, helping to cover any long-term needs resulting from the injury.
Call Brandon J. Broderick For Legal Help
Navigating New York personal injury claims for minors can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal consultation.