If your child is hit by a car in New York, some simple and immediate steps you can take if you find yourself in this unfortunate situation are:
- Make sure you move to a safe area if possible.
- Call 911.
- Seek medical assistance, even if there is no visible sign of injury. Car accident injuries often can manifest hours or even days after the accident.
- Avoid conflict with the driver, but be sure to get correct information such as their name, contact information, license plate number, and insurance information.
Who Is Liable for My Child’s Injuries?
In most cases, the driver’s liability depends on whether the driver was negligent. In child pedestrian accident cases, the driver is almost always held liable for the accident. This is because children are less educated and less cautious of road conditions and rules. Adults who drive are held to a higher standard of knowledge and care. Drivers are expected to be even more careful when they know children are or can be present.
Am I Eligible for Compensation (and for What)?
If the driver is found liable, there are a few things for which you could receive compensation. This list below is not all-inclusive but does include examples of what could be recovered for yourself and your family:
- Ambulance service
- Hospital bills
- Treatment fees, such as prescribed medication and rehabilitation treatments
- Potential income (If the injuries sustained from the accident caused a permanent disability that would prevent the child from pursuing certain careers, the loss of income could be compensated.)
Will the “No-Fault” Clause Affect My Case?
New York is considered a No-Fault insurance state. This means that if you are insured, your insurance company will reimburse you for the damages you received, regardless of who is at fault for the accident. It does not mean no one will be held at fault for causing an accident. It also doesn’t guarantee you any payments for injury, whether you caused the accident or not. Simply put, the No-Fault clause is medical insurance coverage for someone injured in a car accident. With the No-Fault clause, you could receive compensation for medical costs and damages that may occur after the accident.
Other benefits of the No-Fault clause include payment for prescription medications, housekeeping, loss of wages, and transportation to and from your medical provider.
How Long Do I Have to File a Personal Injury Claim?
In the state of New York, you have three years to file a personal injury claim, according to CVP § 214. However, you want to file right away since it takes time to investigate a claim and build a case, and you want to get your life back to normal as soon as possible. Also, memories of essential details will be fresh, and you may receive compensation sooner.
What Does It Cost to Hire Our Lawyers?
We know the thought of legal fees can be daunting. This is why the Law Office of Cohen & Jaffe, LLP has adopted a “No Fee Promise” when hiring our team to work for you. When you decide to work with us, we assume all the risks. Our law firm truly believes that we should only receive payment once you do. This means we don’t get paid unless we win or settle your case. There are also no hourly fees. Our “No Fee Promise” allows you to pay an agreed-upon percentage of whatever compensation we win for you.
Has the Law Firm Helped Others like Me?
The Law Office of Cohen & Jaffe, LLP, has helped thousands of clients receive the justice and compensation they deserved. With a combined résumé of a hundred years of experience, our child injury lawyers understand the ins and outs of your case. We work non-stop investigating your case. Whether obtaining police reports, gathering witness testimonies, or reviewing medical records, we dedicate ourselves to getting justice.
Contact the Law Office of Cohen & Jaffe, LLP to Discuss Your Case
When a child becomes a pedestrian accident victim, it is common to think of nothing outside of the child making a speedy recovery. We understand that it is important to be there for your child during this time; you also need to begin to seek legal representation. The world of personal injury law can be complex. We have adopted a work ethic that caters specifically to you and your needs. If you or a loved one has been involved in a car accident due to someone else’s negligence, don’t hesitate to contact us today. Our lawyers are ready and waiting to get you the justice you deserve.
The Law Office of Cohen & Jaffe, LLP is available 24/7 to assist you with your legal needs. Call us today at (516) 358-6900 to set up an appointment to receive your free consultation. We look forward to working hard for you.
For a free legal consultation, call 516-358-6900
The 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.
