Child Injury Lawyer Ronkonkoma, NY - Sullivan Brill Personal Injury Attorneys

Child Injury Lawyer Ronkonkoma, NY - Sullivan Brill Personal Injury Attorneys - (631) 345-7517

If your child has been injured in an accident due to someone else's negligence, you may be eligible for compensation for medical expenses, pain and suffering, and more. Our experienced Child Injury Lawyer Ronkonkoma NY, are available to assist you in navigating the legal process and advocating for your child's rights. We offer a free case evaluation to discuss the specifics of your child's injury and determine the best course of action. You can rely on our caring and skilled attorneys to champion for your child's well-being. Contact Sullivan Brill Personal Injury Attorneys Ronkonkoma, NY today for a free consultation and allow us to fight for the justice and compensation your child deserves.

What constitutes a child injury case?

A child injury case arises when a minor suffers physical or emotional harm due to another party’s negligence, recklessness, or intentional misconduct. These cases can occur in a wide range of environments, including schools, daycare centers, playgrounds, homes, or public places. Common causes include car accidents, defective toys or products, unsafe property conditions, medical malpractice, dog bites, or inadequate supervision by caregivers or institutions. Because children are more vulnerable and less capable of protecting themselves, the legal system in New York provides special protections and considerations when minors are involved. In these cases, a parent or legal guardian typically files the claim on the child’s behalf. The goal is to secure compensation for medical expenses, ongoing treatment, pain and suffering, emotional trauma, and, in some instances, long-term disability or loss of future earning capacity. It’s also important to note that legal procedures in child injury cases can differ from standard personal injury claims. For instance, the statute of limitations is often extended until the child turns 18, though specific exceptions apply—especially when the claim involves a government agency. Due to these complexities, having an experienced child injury lawyer is essential to ensure the child's rights and future are fully protected.

Who can file a child injury claim on behalf of a child?

In New York, a child under the age of 18 cannot legally file a personal injury claim on their own. Instead, a parent or legal guardian must file the claim on the child’s behalf. This individual is known as the child’s “natural guardian” or “guardian of the person” and is legally authorized to act in the child’s best interest during the legal process. In some situations, especially if there is a potential conflict of interest or no suitable guardian available, the court may appoint a guardian ad litem—a neutral third party tasked with representing the child's best interests in the lawsuit. The filing parent or guardian is responsible for pursuing compensation related to the child’s injuries, which may include medical expenses, emotional trauma, pain and suffering, and anticipated future care or lost earning capacity. Any settlement or financial recovery for the child typically requires court approval to ensure the compensation is fair and used appropriately. Often, funds are placed into a structured settlement or restricted account to be accessed when the child reaches adulthood. Due to the legal complexities and sensitive nature of these cases, it's highly recommended to work with an experienced child injury lawyer to navigate the process and protect the child's rights.

How long do I have to file a claim for my child’s injury in Ronkonkoma, New York?

In New York, the general deadline for filing a personal injury lawsuit is three years from the date of the injury. However, when the injured party is a minor (under 18), that time period is “tolled,” or paused, until the child reaches their 18th birthday. This means that, in most cases, a child who suffers an injury has until their 21st birthday to file a personal injury claim. That said, certain exceptions can significantly shorten this window. If the injury involves a government entity—such as a public school, city park, or municipal agency—a formal Notice of Claim must usually be filed within 90 days of the incident, regardless of the child’s age. After that, a lawsuit must typically be filed within one year and 90 days, although minors still benefit from the tolling rule in certain scenarios. Other special cases, such as medical malpractice or wrongful death, may have shorter or more complex deadlines. For instance, medical malpractice claims generally must be filed within two and a half years, and some are capped at a maximum of ten years after the date of injury, even for minors. Because of these nuances, it’s crucial to speak with an experienced child injury lawyer promptly to protect your child's rights.