Imagine if your child was crossing the street and suddenly struck by a vehicle. Or while driving your child to school, a car behind you fails to stop crashing into the back of the car. Or while grocery shopping your child slips on liquid spilled by a store employee causing him to fall to the ground.
Childhood accidents occur far too often. According to the World Health Organization (WHO), child injuries are a global public health concern causing children to endure disabilities to varying degrees. Causes of childhood injuries include, but are not limited to the following:
- A trip and fall
- An injury on a playground or at school
- Automobile accidents either as a passenger or being stuck by a vehicle while walking or riding a bicycle
- School bus accident
The medical expenses and temporary or permanent disabilities as a result of an injury can take both a financial and emotional toll on you as a parent. Although a child cannot sue to get compensation for their pain and suffering and the cost of medical expenses as a result of their injury, New York law permits a child’s parent or guardian to do so on their child’s behalf.
Although in the case of a child injury, New York law “tolls” or suspends the statute of limitation for negligence and permits a law suit to be brought up until 3 years past the child’s 18th birthday, it is to the advantage of both the parent and child to seek recourse immediately. The more time that passes from the date of the accident, the more difficult it is to obtain evidence needed to prove the case including eye witness testimony, medical records for treatment of the injuries, and business or municipal records.
In order to ensure that you as a parent take the proper steps to maximize your chances of recovering for your child’s pain and suffering, emotional distress and associated financial expenses it is important that you seek experienced legal advice as soon after the accident as possible. The attorneys at Spiegel, Brown & Fichera are here to help guide you through this process and recover what is owed to you.