The negligent acts of other will sometimes cause injury to perhaps the
most vulnerable persons in society; our children. In spite of all precautions
taken by parents and guardians, children nonetheless are harmed.
Experienced Newburgh personal injury attorneys know that the injuries suffered
by children could have been prevented and are the result of negligent
acts, or failures to act. Parents of children harmed by another’s
negligence have a right to commence legal action on behalf of the child.
The child’s damages and the family’s damages in the form of
medical bills, pain and suffering, and sometimes even lost companionship
can be recovered from the persons responsible for the child’s injuries.
As you would expect, motorists in car accidents can receive compensation
when they are harmed by the negligence of other drivers. Not only can
the driver receive compensation, but the passengers in all the vehicles
involved in the collision may receive compensation. Children are frequent
passengers whom are injured in motor vehicle collisions. This means that
the parent who was driving the vehicle can commence a suit against the
negligent parties on behalf of himself
and on behalf of the injured child. Also consider accidents involving school
buses. Even though a parent may not have been on the bus, he or she may
commence a suit on behalf of the child who was on the bus when the accident occurred.
The experience of highly skilled Newburgh personal injury attorneys comes
with full knowledge of New York Civil Procedure Law and Rules (hereinafter
“CPLR”). Unique to injured children,
CPLR section 208 extends the time within which an action alleging injury to a child can
be commenced. Depending on the civil wrong, children have three years
commencing on his or her eighteenth birthday to begin a civil action against
a negligent party. Note, however, that if the child’s claim is based
in medical malpractice, the statute of limitations is ten years starting
from the date on which the negligence occurred.
In addition to motor vehicle accidents and medical malpractice, a parent
or guardian may commence an action on behalf of the child in the following cases:
- Dog bites.
- Injuries occurring on the negligently maintained property of others.
- Injuries caused by an attractive nuisance; this occurs when a land owner
allows a dangerous condition to persist on property that attracts children
to the area; e.g. pools and construction zones.
- Products liability; many children are injured by defectively designed and/or
manufactured toys and other various products. Products liability cases
can also be based on a manufacturer’s failure to warn of a product’s
potential danger to children.
- Negligent supervision by school staff.
Are you interested in learning more about serious injuries caused by personal
injury accidents? Visit our latest article here covering multiple different
types of injuries and return each day this week for more information.
To learn more on traumatic brain injuries, visit our blog post here. Do
you know someone with a spinal cord injury? Learn about this type of injury
in our blog post here.
Our personal injury attorneys at Mainetti, Mainetti, and O’Connor,
P.C. have over 100 years of combined experience working with victims of
personal injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious personal injury accidents,
particularly throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie,
and Newburgh where we have offices. Hear what our clients are saying about
us here and learn about just some of our successful results here. If you
or a loved one has been injured in a personal injury accident, please
do not hesitate to contact us by calling 845-340-HURT (4878) or toll free
at 866-440-4452, or by using the convenient contact form here.