Can I Sue if My Child is Injured in an Accident in New Jersey?

You could sue if your child is injured in an accident in New Jersey or New York if it was caused by the negligence of another person or entity. Until your child is 18, you have the authority, as a parent, to file a personal injury lawsuit or accept a settlement offer on their behalf. Do not hesitate to contact us at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. for more information.

What Are My Options as the Parent?

In the case of a child injury, the statute of limitations does not begin to toll until they turn 18. After that, they will be considered an adult and can proceed however they want with the claim. However, many parents decide to act on the child’s behalf shortly after the accident to recover financial compensation– which can help the family rebuild their lives.

Examples of Common Child Accidents

Children get injured in many different types of accidents, such as the following:

• Car, truck, bus, or motorcycle accidents
• Bicycle or pedestrian accidents
• Airplane or helicopter crashes
• Defective products
• Medical malpractice
• Animal attacks
• Premises liability
• Sexual abuse

How Do We Prove Our Case?

To prevail in a child injury lawsuit, you will need to prove that your child was injured due to the negligence of another person or entity. The core elements of a negligence claim, plus some real-life applications, follow below:

• Your child was owed a duty of care. This would be the case if your child were the passenger in a motor vehicle, undergoing surgery, attending a birthday party at a friend’s house, or on school grounds.
• The duty of care was breached. For example, perhaps a truck driver was speeding when it rear-ended the vehicle where your child was a passenger. Maybe a toy contained dangerous parts, and the packaging did not warn parents, or your child’s school mopped the floors right before the children arrived in the morning and failed to take any reasonable precautions to protect them from the slippery conditions.
• This breach is what caused your child’s accident. In the above scenario, your child slipped and fell due to the slippery floors that morning at school.
• Your child was injured as a result of this accident. For example, your child was seriously injured as a result of an accident with a speeding truck driver.

Types of Damages That You May Pursue

If your child is injured, you can pursue financial compensation on their behalf via a personal injury lawsuit. Some of the types of damages that you may pursue could include the following:

• Past, present, and future medical costs
• Lost wages, which applies to teenagers who are already members of the workforce, and loss of future earning capacity
• Pain and suffering, such as loss of enjoyment of life, mental anguish, and physical pain

Consult with an Experienced Lawyer

When your child is seriously injured, the emotional and financial toll cannot be overstated. This is why we recommend that you consult with an experienced lawyer as soon as possible after your child’s injury. They can explain your legal rights, and which steps you need to take to maximize the amount of financial compensation you receive on behalf of your child.

Contact Us for a Free Case Evaluation

For over four decades at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we have been standing up for justice for injured children. Our clients appreciate that we are big enough to do it all, small enough to care. If your child has been injured in an accident, contact us today to arrange a cost-free consultation. We will never send you a bill unless you win your case.