New York Child Injury Lawyer

New York Child Injury Lawyers

While all personal injuries can be devastating, child injuries can be uniquely so due to the power they have to rob a child of a lifetime of potential. As a parent, you may be understandably anxious, stressed, and fearful of the impact an injury can have on your child’s physical and emotional development and future. At Dansker & Aspromonte, we understand your fears. 

As New York child injury attorneys, we understand the unique nature of such cases. Our firm consults with leading experts in pediatrics, child psychology, and other fields to help understand the full extent of damage caused by injuries. Our thorough and aggressive approach to cases allows us to pursue maximum compensation that will provide for your child’s needs today and into the future. 

Request a free initial consultation with a New York child injury attorney by contacting Dansker & Aspromonte via email message or by phone at (646) 692-0204

Child Injuries in New York

Because of their lack of maturity and judgment, children are always at risk for injuries. In many cases, no one is to blame for a child falling off a bicycle or while playing on school or park playgrounds. However, in some cases the injuries a child suffers may be due to the negligence of others, such as teachers, daycare personnel, neighbors, motorists, defective product manufacturers, and more. 

At Dansker & Aspromonte, we can thoroughly investigate all aspects of your child’s injury to determine the potential liability of adults or other entities who may have caused or contributed to the accident or event. With more than 100 years of combined experience in personal injury law and millions of dollars recovered for clients in claims and lawsuits, we know what to do and how to do it. We are committed to seeking the compensation you deserve when your child has suffered a preventable injury.

These injuries can range from broken bones to sprains, torn ligaments, head injuries, internal injuries, broken teeth, and more resulting from:

Unfortunately, child injuries occur all too often, whether unintentional or by negligence. According to the Centers for Disease Control and Prevention (CDC), unintentional injuries and homicide rank first and second as the leading causes of death for those aged 1-19.

Premises Liability & Defective Product Liability in Child Injury Cases

Premises liability holds property owners responsible for the injuries caused on their premises due to dangerous conditions or safety hazards. These owners and managers are expected to provide a reasonably safe environment for visitors and invitees. Where safety hazards exist, they are expected to know about them, repair them promptly, and warn others about them in the interim. If a child is injured on another’s property due to the negligence of the owner, you may have grounds for a personal injury claim seeking damages.

Additionally, manufacturers are expected to provide safe consumer products to the public. This applies to all products, including children’s toys, clothing, gear, furniture, and more. When a child is injured due to the negligence of manufacturers selling dangerous or defective products to the public, you may have grounds to hold the manufacturer and others in the supply chain liable for your child’s injuries.

Call Dansker & Aspromonte Today

If your child has been injured and you believe it was due to negligence, the sooner you get professional help, the better. Our experienced team can begin investigating the facts of the case to determine where you stand and your available options. We are here to take your calls and respond with a free consultation in which you can speak directly with an attorney. Our approach is to treat you like family in providing the personalized care and support you need at this critical time. 

Book your free consultation with a New York child injury lawyer by contacting us online or at (646) 692-0204

Negligence and Child Injury Cases

All personal injury claims and lawsuits are based on negligence or carelessness or intentional wrongdoing that harms others. This forms the foundation of claims for child injury as well. Negligence occurs when someone fails to act reasonably under the circumstances. When one person causes harm to a child through his actions or inactions, he is said to be “negligent.” If the defendant knew or should have known that the harm would likely occur but failed to take reasonable precautions to avoid it, he is also considered negligent. This includes failing to warn children of dangerous situations and failing to provide adequate safety measures. When failing to do any of these, the negligent person can be held accountable for any resulting damages. 

Damages You Can Recover in a Child Injury Case

In child injury cases, these damages can include:

  • All past and future medical expenses
  • Pain and suffering
  • Emotional distress
  • Disfigurement or scarring
  • Any related or other out-of-pocket expenses associated with the injury, such as in the case of permanent disability
  • Reduced earning capacity

It is important to remember that insurance companies representing at-fault policyholders will do everything possible to deny or reduce their liability. Their adjusters and representatives do not work for you but for their employers. That is why you need an aggressive firm such as ours that is known for its proven results and trial ability. 

Through our efforts to determine the full extent of your child’s injuries and the impact those injuries will have long into the future, we can properly value your claim. This can be done with the help of other experts, such as physicians, rehabilitation experts, and other healthcare professionals who can support your claim through expert evidence. 

Child Care Center & Caretaker Liability

If you are a parent who sends your child to a daycare center, you must be alert to how your child is supervised. Daycare personnel and caretakers are expected to exercise due diligence in seeing that your child is properly supervised. They must keep a close eye on the children under their care, ensuring that no dangerous conditions exist in the facility. If they fail to fulfill this responsibility resulting in your child being injured, you may have grounds for a claim or lawsuit. 

To learn more or to speak with one of our attorneys about your situation, please call us at (646) 692-0204.

  • Innovative Legal Strategies
    Each client that comes to our team gets a managing partner and trial partner dedicated to their case. We put our collective 100 years of experience behind your case to obtain the best possible outcome on your behalf.
  • Small Firm Dedication & Focus
    Our firm is different from most firms in our area in that we are a “boutique” type firm that is small enough to give personal attention to our clients and yet experienced and powerful with a reputation as a hard-hitting litigation firm.
  • Providing Answers & Solutions
    Our team is committed to always being able to provide you with updates on your case and answers to your questions. This is your case and we want to be sure you are confident every step of the way.
  • Proven Record of Success
    Dansker & Aspromonte has been advocating for the rights of the injured since 1986. We have the tools, resources, knowledge, and commitment to get you the best possible outcome.

New York Child Injuries FAQ

How soon must I bring a lawsuit on behalf of my child?

Injured children don’t have the legal ability to file claims or lawsuits. Instead, their parents must do this for them. The typical statutes of limitations for personal injury claims apply, no matter the age of the plaintiff. For most cases in New York, the statute of limitations on child injury claims is three years. Special circumstances could make this deadline much shorter or longer, though, so it is safest to speak to a child injury lawyer right away for more information.

It’s hard to tell how seriously my child is injured. Can I wait to file a lawsuit?

You don’t have to file a child injury lawsuit shortly after they were injured, even if that can help. You have until the applicable statute of limitations ends to file. Keep in mind that this statute can be brief, sometimes 90 days or fewer. You also shouldn’t be surprised if your child injury attorney wants to wait until a pediatric doctor determines your child’s expected maximum medical improvement (MMI) before filing a claim. In doing so, the claim for compensation can be more accurate, as well as the information regarding your child’s injuries.

What are my child’s rights as an injury victim?

Your child has the same rights as an adult against wrongful harm, either inflicted through negligence or intentional acts. As such, an injury claim in civil court can be used to seek compensation for a child’s injuries. However, children have no legal standing to start a claim or lawsuit on their own. A parent, guardian, or another recognized legal representative must handle it for the child.

What are my rights as a parent of an injured child?

As the parent of an injured child, you have the right to seek compensation on their behalf and for any monetary losses you experienced, such as medical bills and treatment costs. You also have the right to start a claim or lawsuit for your child who can’t do that alone.

What if my child has died due to the fault of another?

You can seek justice through a wrongful death claim if your child passed away due to an accident or injury caused by a third party.

What if the defendant blames us for causing our child’s injury or death?

Child injury defendants commonly try to avoid liability because no one wants to admit to hurting a child. If this happens in your case, then we will be ready to continue with investigations, inquiries, and more. We know how to prove liability in court, as well as reach settlements through reasonable negotiations in private conference rooms.

Will my child be traumatized if we bring a lawsuit for their injuries?

The litigation process can be stressful for adults and children alike. However, some young children might see it as a game or a special event, and not mind it at all. If you are worried about how a lawsuit could affect your child’s mental health, you should talk to an attorney who has handled many other child injury cases before. You can even consider talking to a child psychologist first.

Will my child's injury or death case settle out of court?

Some child injury cases will settle, and some will not. Each case is comprised of unique circumstances that can impact the chances of settling. No law firm can guarantee a settlement or award for any case.

Would my child have to bring a lawsuit themselves?

Children under the age of 18 can’t bring lawsuits themselves and can’t represent themselves in a lawsuit. Parents or guardians must bring lawsuits on behalf of their children.

Focused on Your Recovery

    • Brain Damaged Child $50 Million

      A four-year-old boy, was brought to the hospital for a routine eyelid repair. To cut costs, the hospital contracted out its anesthesia services to a third-party corporation.

    • Car Accident $31 Million

      A 35-year-old New York City Police officer was a passenger in a police car going to an emergency call. After a collision, our client was rendered unconscious and was admitted to Jacobi Hospital with head and limb injuries.

    • Wrongful Death $21.5 Million

      This accident occurred in the Bronx when our client was working on a sanitation truck. The driver lost control while making a turn. Our client was ejected and the truck ran over his leg.

    • Pedestrian Injury $10.3 Million

      A 22-year-old theater intern was walking across the intersection of 42nd Street and Ninth Avenue in Manhattan when she was struck by the rear door of a passing truck which had flown open because it had been improperly secured by the driver.

Handle Your Case With Confidence Work With Dansker & Aspromonte Today

Contact Dansker & Aspromonte Associates for help today. We serve clients throughout the New York City Metropolitan area, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and Nassau and Suffolk Counties.

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