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

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 27, 2026

Read Time: 4 mins

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.

Why Trust Us?

150+ Reviews

50+ Years of Service

Full-Service Law Firm

Client Reviews

    
 
 
      Posted on Google  
   LWelsh 
 8 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
     Posted on Google  
   Kenny Perlow 
 29 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
     Posted on Google  
   Aliza Ali 
 93 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
     Posted on Google  
   Jana Montero 
 96 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
     Posted on Google  
   Mike Sakmann 
 102 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
     Posted on Google  
   Liz Hecker 
 108 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
     Posted on Google  
   Brandy Miller 
 131 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
     Posted on Google  
   Mike Greenspan 
 144 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
     Posted on Google  
   Jonathan Sampson 
 151 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
     Posted on Google  
   Vinnie Kung 
 154 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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

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