There are few experiences as devastating as a serious injury to your child. The situation can feel even more overwhelming when the injury results from someone else’s failure to take reasonable care. A Buffalo child injury lawyer can help you hold the responsible parties accountable for the harm they have caused.
The process of filing a claim for compensation is complex. You need a qualified personal injury attorney who is familiar with the specific requirements and time constraints involved to ensure the best possible legal outcome. Reach out to Richmond Vona, LLC for compassionate guidance in helping you receive the maximum settlement for your child.
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Cases That Could Lead to a Child Injury Lawsuit
Broken bones, cuts, and bruises are often a common part of childhood. In most cases, no one is to blame, and the child heals with no permanent harm. Sometimes, however, a preventable injury occurs because a party was negligent.
In general terms, negligence means not using a reasonable degree of care to prevent harm to others. Situations that can stem from this type of carelessness and injure a child include the following:
Any accident that could have been prevented if someone had exercised more care can form the basis of a child injury lawsuit. Our dedicated team of attorneys in Buffalo can investigate the circumstances of a child’s injury to identify the cause and the responsible parties.
Time Limits to File Child Injury Claims
New York Civil Practice Law and Rules § 214 allows an injured person three years from the date of injury to file a lawsuit seeking damages. This is known as the statute of limitations. However, if the cause of the injury was medical negligence, the time to file is shorter. An individual must file a medical malpractice lawsuit within two and a half years of the event or ten years after a child is born for birth injury cases.
A minor has no legal standing to bring a lawsuit, so the statute of limitations technically does not begin until the child turns 18. However, waiting for a child to reach legal age before bringing a claim is usually unwise. Parents can instead file a lawsuit on their child’s behalf, which is often the preferable course.
Our Buffalo injury attorneys can explain the risks and benefits of a parent bringing a lawsuit on behalf of their child versus waiting until the child reaches legal age. We can also ensure that any important requirements and time constraints are met.
Damages in Child Injury Cases
When a child suffers an injury, they have the same right to collect compensation as adults in similar circumstances. However, calculating these damages can be complex. For example, if the injury is likely to impair the child’s ability to be self-supporting or live independently, a Buffalo attorney usually must engage an expert to calculate the projected financial loss.
Parents can receive reimbursement for injury-related medical expenses and future costs if the child requires ongoing medical treatment or support. The parents could also receive compensation for the time they took off work to care for the child and their mental anguish relating to the child’s suffering.
Additionally, the injured child can receive damages for their physical pain, loss of function, disability, lost opportunities, and the injury’s other impacts on their quality of life. It is important to note that courts must approve any settlement made on behalf of a minor and often hold their damages until they reach 18.
Contact a Buffalo Child Injury Attorney for Help Protecting Your Family’s Rights
If your child suffered an injury that was someone else’s fault, we can help you hold the responsible party accountable. Our Buffalo child injury lawyers can provide the knowledge and support you need to take positive steps forward. Call today to speak with one of our trusted attorneys to begin reviewing the details of your case.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
