Unintentional injuries are very common among children, and sadly, unintentional injuries are the leading cause of fatalities for children across the United States. According to the Childhood Injury Report prepared by the Centers for Disease Control and Prevention (CDC), millions of children (19 years old and younger) are treated in hospital emergency rooms every year. Tragically, thousands of these children ultimately succumb to their injuries. In New York alone, , up to 146,000 children under the age of 6 receive hospital treatment for serious injuries in any given year, according to a Special Emphasis Report on Infant and Childhood Injury prepared by the New York State Department of Health.
At Finz & Finz, P.C., we understand that an early-life injury can lead to years of emotional and financial hardship for both your child and your family. We are committed to pursuing maximum compensation for our clients in order to ease the troubles that a childhood injury can cause.
Call us or contact us online today to learn more. The consultation and claim review are free.
16 Most Common Injuries in Children
Children may become injured in an infinite number of ways. However, certain types of injuries are particularly common among those age 19 or younger in New York and across the United States, such as:
- Car accidents and transportation-related injuries like bicycle or pedestrian collisions are the leading cause of unintentional fatal injuries among all children, with the highest rates among 15- to 19-year-olds.
- Dangerous product injuries from defective products or insufficient warning labels.
- Daycare injuries from things like play equipment, choking accidents, allergic reactions, or violent altercations.
- Dog bites and other animal attacks are the third-leading cause of nonfatal injuries for children ages 0 to 9.
- Drowning or submersion is one of the leading causes of injuries and the leading cause of injury deaths among children 4 years of age or younger.
- Fires and burn injuries are most common among children 4 years of age and younger.
- Medical malpractice such as misdiagnoses, surgical errors, or improper medication administration.
- Natural and environmental causes, such as injuries from overexertion or excessive heat, which are the third leading cause of nonfatal injury among 10- to 14-year-olds.
- Negligent supervision accidents may occur in Sunday schools, youth groups, camps, sporting events, or in-home caregiving situations, for example.
- Poisoning is typically seen in the highest rates among children 1 to 4 years of age.
- School-related injuries include those from school violence or school bus accidents.
- Slip and fall accidents from or onto furniture, stairs, objects, playground equipment, or buildings. Fall accidents are the leading cause of nonfatal injury among all children 15 years of age or younger.
- Sports and playground accidents commonly result in sprains, concussions, fall accidents, and bone fractures.
- Struck by or against object injuries are one of the leading causes of nonfatal injury among all child age groups.
- Suffocation causes two-thirds of all injury deaths among infants less than 1 year of age. Close to 35 percent of infant deaths in the state of New York is a result of suffocation, the leading cause of intentional injury deaths for this group.
- Unsafe premises accidents, such as those resulting from unsecured swimming pools, wet floors, unsafe staircases, or unmonitored public areas.
Knowing When You Have a Personal Injury Claim for Your Child
If your child sustained an injury due to someone else’s careless or reckless actions, you may be wondering whether you have grounds for a personal injury claim. The legal term for such carelessness or recklessness is “negligence.” For a valid personal injury claim, three negligence-related elements must be present:
- The person owed your child a legal duty of care, such as a motorist caregiver, daycare worker, school teacher, sports coach, healthcare professional, playground equipment or toy manufacturer, property owner, or someone else entrusted with your child’s supervision.
- That person breached their duty of care by engaging in dangerous driving, neglectful supervision, medical malpractice, abuse, designing a defective product, or some other careless or reckless action.
The Responsible Party Caused your Child’s Injury.
In a personal injury case, compensation awarded to the plaintiffs for their losses is referred to as “damages.” The types of damages that are typically included in a settlement or judgment include medical expenses, property damage, lost income (past and future), pain and suffering, and reduced quality of life, among others.
If you believe you may have a valid personal injury claim, contact the New York personal injury attorneys of Finz & Finz, P.C. to schedule a free initial review of your case.
How a Child Personal Injury Claim Works
Personal injury claims for children are very similar to those for adults, but certain key differences do exist. First of all, children generally do not have the same abilities to make reasonable judgments or exercise caution as most adults do, so the determination of fault in child injury cases tends to be more lenient toward minors.
Second, the law understands that parents and guardians are usually responsible for their children’s medical bills and other living expenses, so parents and guardians generally make claims on behalf of their children.
Finally, children are not able to negotiate monetary settlements for themselves, so parents and guardians or their lawyers (with the consent of their client) are permitted to negotiate on their behalf.
Apart from these factors, child injury cases follow the same guidelines and restrictions as any other personal injury case in New York. For example, personal injury lawsuits in our state are subject to a three-year statute of limitations. This means you have three years from the date of the child’s accident to bring a claim in court. In some cases involving minors, this deadline may be extended. A few additional narrow exceptions may also apply. However, if your personal injury claim is against a municipality, such as a school or public park, or against the City of New York or State of New York, a Notice of Claim or Notice of Intention must be filed within 90 days of the accident.
If your claim is not timely filed within the required period, you could be forever barred from recovering the compensation your family deserves. Accordingly, it’s a good idea to retain the services of a personal injury attorney for your case as soon as possible to thoroughly investigate your claim and ensure that the applicable filing deadlines are met.
How Our Lawyers Help Families with Child Injury Claims
The legal staff of Finz & Finz, P.C. includes a hand-selected team of accomplished attorneys, chief executives, and four former New York State judges. For more than 35 years, we have used our significant experience, personal dedication, and access to world-renowned experts in a variety of fields to pursue full and fair compensation for injury victims and families throughout New York.
To secure sophisticated representation for your child’s injury claim, call us or contact us online now for a free initial consultation.