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HKD Helps with NY Child Injury Claims
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 City 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.
Contact us online or call 212-271-4156 to schedule a free, no-risk case evaluation. There are no up-front costs, and you owe nothing unless you recover compensation.
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. There are several types of common child injuries in New York.
School Injuries
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 while on school 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.
Daycare Injuries
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.
Child Abuse and Molestation
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.
Child Injuries From Car Accidents
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.
Types of New York Child Injuries
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:
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Navigating a child injury case requires sensitivity and skill. For families facing this hardship, a NYC child injury lawyer can provide crucial support and guidance.
With a deep commitment to helping young victims, Hecht, Kleeger & Damashek, P.C. brings years of experience in child injury law and a record of securing rightful compensation for the affected families.
Our legal team is prepared to manage every facet of your child’s injury claim:
Identify Negligent Parties
We meticulously investigate the incident to pinpoint all responsible parties. This includes securing evidence like surveillance data, school or medical records, and statements that can clarify accountability.
Handle Insurance Companies
Negotiating with insurers is complex, especially with child injuries. We aim to prevent undervaluation of your claim, seeking comprehensive compensation for immediate and long-term needs.
Maximize Compensation
Our firm is committed to obtaining just compensation, considering the full scope of damages, from medical bills to emotional trauma, ensuring the best possible outcome for your child’s future.
Promote Safety & Prevention
By holding parties accountable, we champion not just for your family’s legal rights but also for preventative measures, striving for a safer environment for all children in New York City.
Who is Liable for Your Child’s Injuries?
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:
Public school districts
Private schools
Daycare facilities
Churches
Private businesses
Sports organizations
Boy and Girl Scout
Bus Companies
Non-profits
Municipalities
Public and private swimming pools
Camps
Park districts
Don’t wait to learn who’s ultimately liable for your child’s injuries. Contact us as soon as possible.
Claims Against New York School Districts
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:
Bullying that escalated to physical violence
Unsafe property conditions
Negligent supervision
Physical abuse
Sexual abuse
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.
What if Another Child Hurts Your Child
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:
Past and current medical expenses
Future medical expenses
Mental health care expenses
Other injury-related expenses
Pain and suffering
Emotional distress and mental anguish
Disfigurement
Disability
Loss of earning potential
Loss of normal life
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.
Frequently Asked Child Injury Questions
What immediate steps should I take if my child is injured?
Seek medical care immediately, document the injury and circumstances, and consult a child injury lawyer to discuss your options.
Who can be held liable in a child injury claim?
Potentially liable parties can range from individuals directly involved in the incident, to product manufacturers, to property owners where the injury occurred.
How is compensation determined for child injury claims?
Compensation may include current and future medical expenses, emotional distress, pain and suffering, and in certain cases, punitive damages.
What if my child’s injury symptoms appeared late?
You should still pursue a claim. The discovery of the injury starts the clock on the statute of limitations, so timely legal advice is crucial.
Can I claim for my child’s long-term care needs?
Yes, claims can account for the estimated long-term medical care and any special accommodations required for a child’s well-being.
Call Our NYC Child Injury Attorneys Today
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.
If your child has a valid injury claim, we will aggressively pursue compensation on your and your child’s behalf. Contact us online or call 212-271-4156 to schedule your free, no-risk consultation.If your child has a valid injury claim, we will aggressively pursue compensation on your and your child’s behalf. Contact us online or call
