Scraped knees, calloused palms, and small bruises are all part of growing up. However, when a child suffers a serious injury due to negligence, matters completely change. Teachers, family members, daycare workers, counselors, and coaches must keep children in their charge safe. This involves providing adequate supervision, among other things.
If your child was seriously injured while in another party’s care, the Law Office of Cohen & Jaffe, LLP can seek compensation for your hardships. Financial recovery can account for your child’s medical expenses, your missed time from work, and pain and suffering. Our Long Island child injury lawyers will fight for the compensation your family needs to move forward.
You Must Abide By the State’s Filing Deadlines
The following legal deadlines may apply to your case:
- CVP § 214 notes that lawsuits pertaining to slips and falls, collisions, and dog bites must be filed within three years of the incident.
- EPTL § 5-4.1 notes that you typically have two years to file a wrongful death lawsuit.
Some exceptions may give you more or less time to file. For instance, if your child suffered harm in a hit-and-run accident, the state may extend your statutory deadline. Our lawyers on Long Island can ensure your case is filed on time.
Compensable Losses in a Child Injury Case
The types of damages you can recover depend on your situation. Examples include:
- Your child’s healthcare expenses, including hospitalization, surgeries, medications, and physical therapy
- Your lost income while you cared for your child, such as lost tips, commissions, bonuses, hourly wages, and employee-related benefits
- Your child’s pain and suffering
We’ll examine your case’s potential value once we meet. We’ve secured multi-million-dollar settlements for children and their families before. For instance, when our client’s child suffered a skull fracture from a motor vehicle collision, we recovered $1.2 million for their family.
How Our Lawyers on Long Island Can Advocate for Your Child’s Rights
Our lawyers have more than 100 years of combined experience. Additionally, our co-founder, Richard Jaffe, has a background as a firefighter and emergency medical technician (EMT). He understands firsthand what happens when children suffer harm.
We’re determined to recover compensation for your losses by:
Investigating Your Case
To determine fault and liability, we will procure and examine the following evidence:
- The police report
- Witness testimony
- Your child’s written or verbal statements
- Your child’s medical records
- Photos and videos of the accident scene
- Security camera footage
- Your injury-related damages, receipts, and invoices
- Testimony from field experts, like accident reconstruction specialists
Our goal is to prove that, because of another party’s negligence, your child suffered harm.
Identifying the At-Fault and Liable Party
Consider this hypothetical situation to understand fault and liability. A second-grade teacher exits the classroom to go to the bathroom. In their absence, a child jumps off their desk and breaks their arm. Here, the at-fault party would be the teacher because they were responsible for the child’s safety.
However, in most cases, public school teachers, coaches, principals, and other administrators cannot be held individually liable for a child’s injury. This would make the school district liable for your losses.
To pursue compensation from a government agency, we will file your Notice of Claim, calculate your losses, and pursue damages accordingly.
To prove your case, we must demonstrate negligence. This involves showing:
- Another party owed your child a duty of care to keep them safe.
- That party violated their duty of care due to their actions or omission.
- Your child suffered harm.
- As a result, you incurred financial and physical losses.
Our lawyers will use your case’s evidence to establish these factors.
Filing Your Insurance Claim or Lawsuit
Once we identify the liable party, we’ll file your claim and negotiate fair compensation. Yet, if they refuse to settle, we can file a lawsuit in civil court. This involves filing your case’s paperwork, arguing your case, and abiding by courtroom procedure.
Commonly Asked Questions About Child Injury Cases on Long Island
We’re ready to answer all your injury-related questions, including:
Can I Sue a Public School?
To hold a New York public school district liable for a student’s injury, you must file a Notice of Claim within 90 days of the incident. After 30 days, if the school district denies the claim or takes no action, you can file a lawsuit in New York’s Supreme Court.
We assist families with these school-related accidents:
- Playground injuries
- School bus injuries
- Sports injuries
- Food poisoning/food allergy reactions
- Premises maintenance/slips and falls
What Should I Do After My Child Suffers a Serious Injury?
To protect your child’s best interests (and case’s outcome), we recommend:
- Seek medical attention. Your child’s health is of the utmost importance. Even if your child is seemingly unhurt, traumatic brain injuries (like concussions) don’t show external symptoms. Be sure to keep documents relating to your child’s treatment, including their imaging scans and lab test results.
- Ask your child to write down what happened. If your child can read and write, ask them to write down what happened before, during, and after getting hurt. If your child can’t do these things, write down their verbal testimony.
- Consider your legal options. Many times, parents can take legal action after their children suffer grievous harm. These cases can get complex, as they come with different rules than injury cases involving adults. Our team knows how to build a successful injury case and pursue the damages you need.
What Are the Common Types of Child Injury Accidents?
We’ve helped injured claimants recover compensation after their children suffer:
- Falls. Like anyone, a child can slip and fall because of wet and slippery floors, snow and ice, uneven sidewalks, potholes, and similar hazards. Toddlers can fall down steps and stairs in the absence of “baby gates” and other barriers.
- Motor vehicle accidents. Children can suffer harm in collisions, even when properly belted into child safety seats. They can also suffer harm as pedestrians or bicyclists.
- Burns. Adults must keep dangerous objects away from children, including matches and lighters. They must also prevent babies and toddlers from being burned by scalding bathwater.
- Drowning. CVP § 6-1.29 notes that homeowners with swimming pools must abide by certain regulations. For instance, if a picket fence surrounds a pool, the gap between each picket cannot be more than four inches. A property owner can be liable if a child wanders onto their property and falls in the pool.
- Poisoning. Caregivers must keep medications, cleaning supplies, rat poison, bug spray, and other toxins away from children.
Call the Law Office of Cohen & Jaffe, LLP for Your Free Case Review
Our attorneys are passionate about advocating for injured children and their families in southeast New York. When you call our firm, we’ll answer your questions and address your concerns. We will do everything in our power to recoup fair compensation for your child’s injuries and hardships.
To get started, dial (516) 358-6900.
For a free legal consultation with a child injury lawyer serving Long Island, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.