When your child is injured because someone was careless, reckless, or intentionally malicious, you deserve to know your options. You may have the right to pursue compensation on their behalf. With the help of an experienced New York personal injury attorney, you can hold the other person’s school or business liable for the harm they have caused. Your decision to pursue justice may also protect other children from similar harm in the future.
At Hecht, Kleeger & Damashek, P.C., we are here to answer your questions and seek a result that will set things right. With decades of skill and experience, we know what you are going through and how to help your injured child.
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At Hecht, Kleeger & Damashek, P.C., we are here to represent your child’s best interests if they suffer harm due to someone else’s carelessness, recklessness, or malicious conduct.
Some of our most common child injury are:
When your child is on school property, they—and you—should not have to worry about hidden dangers. They should be safe to roam the halls, classrooms, cafeteria, gym, and playground. If your child is harmed because of a property, you should talk with us right away.
Additionally, your child may have been harmed because of a student, teacher, or administrator’s actions. If you believe someone in a position of authority hurt your child, or that another child injured your child because someone was negligent, contact us about your options. Depending on the circumstances, you may have a claim against the individual or school district.
Like many parents, you trusted your child to a daycare facility. You may have needed childcare while you worked, or you may have felt it was an important place for your child to gain social skills. While your child is at the daycare facility, you should never have to worry about their safety.
The daycare should be appropriately licensed and staffed with adults who maintain a clean and safe environment and who properly supervise and care for the children. Unfortunately, our child injury attorneys have handled many cases in which children are harmed due to lack of supervision or poorly trained daycare staff. Call us right away if your son or daughter was harmed at daycare. You may have a claim against an individual or the business.
While an injury to a child can arise because of an adult’s carelessness, we also represent children who suffered injuries due to egregious and criminal behavior. If your child was physically or sexually abused by an adult and suffered physical and psychological injuries, call us immediately. While criminal prosecution will be up to the prosecutor in a separate criminal case, you may have a civil personal injury claim against the individual in question, a school, or a church.
Car crashes often lead to child injuries when young passengers are in the vehicle. When another car, truck, bus or other vehicle collides with yours, causing your son or daughter harm, contact us right away to discuss your options for recovering much-needed compensation. Additionally, if your child was hurt while riding a school bus, a child injury lawyer will thoroughly investigate the crash to determine if the bus driver was at fault, and if so, whether you have a claim against the school district.
Young children can suffer severe injuries when adults are careless, inattentive, or negligent. Hecht, Kleeger & Damashek, P.C. has helped countless families pursue compensation after their sons or daughters suffered:
When your child was injured at school, daycare, or an extracurricular activity, it is important to talk with a lawyer about who is liable and how to hold them accountable. Your first instinct will obviously be to target the specific adult that you believe is responsible. We may undoubtedly file a lawsuit against that individual; however, in many child injury cases, the at-fault adult ‘s actions are indicative of other negligent and pervasive practices, making their employer liable also.
Depending on the circumstances surrounding your child’s injuries, you may have the right to file suit against:
Don’t wait to learn who’s ultimately liable for your son or daughter’s injuries. Contact us as soon as possible.
The New York City Department of Education governs the city’s public school system. If your child was injured while at a public school or on other school district property, you may have the right to pursue compensation due to:
The school district is a government agency, which means specific rules and procedures apply to injury claims against it. If you wish to pursue a claim, you need to file a Notice of Claim within 90 days of your child sustaining an injury, or of you learning of your child’s injuries. You might not have learned of your child’s injuries right away if they suffered physical or sexual abuse by someone at school.
This Notice of Claim is not the same as filing a lawsuit. By filing the notice with the appropriate government agency, you allow that agency time to respond and resolve the issue before going to court. Also, the 90-day time limit is not a statute of limitations. You have a longer period to file a lawsuit if the at-fault agency does not resolve your claim. However, filing a timely Notice of Claim is required prior to filing a lawsuit.
It is essential that you work with an experienced lawyer if your child is hurt at school or during an after-school activity. Many procedural rules apply in these circumstances that do not apply in other personal injury claims, including the rule that you must identify the specific appropriate agency. For example, if you file a claim against New York City and not specifically against the Department of Education, your claim could be dismissed.
HKD Fights for Injured Children & Protects Their Rights
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When another adult hurts your child, the steps you can take to hold that adult responsible are relatively clear. You may be able to file a formal complaint with that adult’s employer and file a personal injury lawsuit against the adult and, if that adult was working at the time, their employer.
However, when you discover that another minor has harmed or continuously harmed your child, you may not be sure of your options. You may wonder whether you can sue that minor’s parents.
Sometimes, it is possible to seek damages from the other child’s parents. One possibility is to file suit under New York’s Parental Responsibility Law, New York General Obligation Law §3-112, which states that parents may be liable for the actions of their child who is between the ages of 10 and 17. When a child turns 18, they are an adult and can be sued directly.
The Parental Responsibility Law applies to biological and adoptive parents and lawful guardians. However, it does not apply to foster parents. In a lawsuit based on this law, you must prove that the other parent’s child harmed yours through willful, malicious, or unlawful conduct.
Through an administrative claim against a school district or a lawsuit against another individual or business, you can pursue compensation for your child’s physical and psychological injuries as well as the financial harm resulting from their injuries.
A child injury lawyer from Hecht, Kleeger & Damashek, P.C. will fight for you and your child to receive compensation for any:
When your child was hurt because of an adult’s actions, it is always important to speak with a lawyer about your rights. The more severe your child’s injuries and the greater the likelihood the injuries will impact the future, the more critical it is to speak with an attorney right away and devise an aggressive strategy.
When an adult’s conduct causes your child long-term or permanent harm, we will help you fight for the maximum compensation possible. This financial recovery may be crucial in ensuring your son or daughter can obtain medical care throughout the future and will have enough to support themselves if they are now unable to work.
When you receive a call that your child has been injured, your first thought is their health and safety. This should always be your top priority. However, once your child has received the appropriate medical care and is at home recovering or stable at a hospital, the next step should be to call Hecht, Kleeger & Damashek, P.C. and schedule a free consultation with a child injury attorney.
We understand how stressful this situation is, and how important it is to provide clear, concise information. Once we ascertain what happened, we will advise you of your right to file a Notice of Claim against a government agency or to immediately file a personal injury lawsuit against the at-fault individual or business.
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…
I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…
I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.
After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.