How to File a Personal Injury Claim for a Child in NY

When a child is hurt because of someone else's negligence, parents are left juggling two things at once: taking care of their child and figuring out what to do legally. Children can't file a personal injury claim on their own in New York, so specific rules kick in to decide who can file, how much time they have, and what happens to any money the case brings in. These rules exist to protect a child's interests, but they also add layers parents rarely think about until an accident leaves their child hurt. Our New York child injury lawyers can walk you through how these rules apply to your family's situation.

Who Can File a Personal Injury Claim on Behalf of a Child in New York?

A child cannot file a personal injury claim on their own in New York. Under CPLR § 1201, a parent with legal custody typically appears on the child's behalf. The case moves forward this way, but any compensation recovered still belongs to the child, not the parent. Sometimes a parent isn't available or able to take on this role. When that happens, a court can appoint someone else, known as a guardian ad litem, under CPLR § 1202. The point is simple: an injured child should always have someone looking out for their case, even if a parent can't do it.

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What Types of Accidents Commonly Lead to Child Injury Claims?

Children can be injured in many of the same ways adults are, but the circumstances often look different when a child is involved. Some of the most common accidents that lead to personal injury claims for children in New York include:

• Car accidents, when a child is injured as a passenger
• Bicycle accidents involving negligent or distracted drivers
• Pedestrian accidents near schools, crosswalks, or residential streets
• Dog bites or attacks, often on familiar or neighborhood property
• Dangerous property conditions, such as slip, trip, and fall hazards
• Injuries that occur at school, including negligent supervision
• Injuries caused by defective or poorly designed products
• Birth injuries, which are medical malpractice cases involving negligence during pregnancy, delivery, or shortly after birth

Regardless of how the accident happened, the central question is the same: did another person or organization fail to act with reasonable care, and did that failure cause the child's injury?

Does New York's Statute of Limitations Work Differently for Children?

New York law only gives an injured person so much time to file a personal injury lawsuit, under CPLR § 214. For a child, that window often stretches out further. In some cases, the statute of limitations “clock” does not even begin to run until the child turns 18, thanks to the tolling in CPLR § 208. Families are often surprised by just how much extra time this can buy them. This extended timeline does not apply the same way in every situation. Depending on who is potentially liable, some claims come with much shorter deadlines that apply regardless of the child's age. This is one of many reasons it's important to speak with a lawyer early on to understand exactly where a case stands with respect to filing deadlines. Figuring out where a case stands with respect to the applicable statute of limitations and other deadlines isn't something to put off, since responsibility for the injury can change what deadlines actually apply. Missing certain deadlines can bring to an end a child’s opportunity to be compensated for the injury caused by the negligent party. From a practical perspective, it is important to be sensitive to the fact that evidence doesn't wait around — witnesses forget, and video footage gets deleted long before most families realize they need it. Simply stated, taking prompt action, starting with consulting with an experienced personal injury lawyer, is the wise way to proceed. Putting this off can have disastrous consequences that were avoidable.

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What Damages Can Be Recovered in a Child's Injury Claim?

When a child is injured, the financial and personal impact often extends well beyond the initial medical bills. Depending on the circumstances, a family may be entitled to recover compensation for:

• Medical expenses, including future treatment or rehabilitation
• Pain and suffering
• Emotional trauma
• Reduced earning capacity, in cases involving long-term or permanent injury
• Diminished quality of life

In addition to the damages tied directly to the child's injury, parents may also be entitled to separately recover certain out-of-pocket costs they incurred as a result of the accident, such as travel expenses for medical appointments or time away from work to care for their child. Because a judge must ultimately approve any settlement reached on a child's behalf, these damages are calculated with care to reflect both the immediate and long-term effects of the injury.

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Do Settlements for Injured Children Require Court Approval?

Yes, and this is one area where a child's case looks nothing like an adult's. A settlement can't just be signed and finalized. A judge has to review and approve it first, under CPLR § 1207 and CPLR § 1208, since a minor legally can't consent to a settlement on their own. This review, often called an Infant Compromise Hearing, involves a judge looking closely at the case: what happened, how the child was hurt, and whether the proposed settlement actually reflects that harm. The judge might ask about the accident itself, how the child is recovering, or how the money will be handled once it's approved. Typically, the judge’s order after an Infant Compromise Hearing will direct how the settlement funds should be handled, for example, by deposit into a specific bank. This additional layer of oversight can extend the timeline of a case, but it also provides an added safeguard for families, ensuring that the compensation a child receives is both appropriate and properly protected going forward.

What Should Parents Do Immediately After a Child Is Injured?

The steps taken in the hours and days after an accident can shape the outcome of a child's injury claim. Seeking prompt medical attention is the first priority, both for the child's health and to create a documented record connecting the injury to the accident. Beyond medical care, parents can also protect their child's case by:

• Taking photos of the accident scene, provided it is safe to do so, as well as any visible injuries or hazardous conditions
• Collecting contact information for witnesses
• Keeping records of medical visits, treatments, and related expenses
• Avoiding recorded statements to an insurance company without first consulting with a personal injury lawyer and understanding their rights

Insurance companies sometimes reach out soon after an accident, hoping to gather information before a family fully understands the extent of a child's injuries. Speaking with an attorney early on can help parents avoid statements or decisions that may later affect their child's case.

Your Child's Recovery Comes First, We Handle the Rest

Filing a personal injury claim for a child is not something any parent expects to navigate, and the legal process can feel overwhelming on top of everything else your family is managing. At Friedman & Simon, L.L.P., we have stood beside New York families since 1991, recovering hundreds of millions of dollars for injured clients and their loved ones. We know that no two families or cases are the same, and we take the time to understand what your child and your family need, both now and in the years ahead. While you focus on your child's recovery, our team will handle the legal details, communicate with all parties on your behalf, and guide you through every requirement New York law places on claims involving a minor. Our multilingual staff is also available to assist families in Spanish, Greek, Bengali, and Creole. Call for a free consultation to discuss your child's case with our team.

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