Personal injury lawsuits can vary greatly in terms of type and severity. There are many ways in which a person can get hurt, and the same is true for children. Yet it is essential for parents and guardians to recognize that personal injury cases involving children may have differences from personal injury lawsuits involving adult plaintiffs. If your child recently suffered injuries in an accident, you should get in touch with a Rochester personal injury lawyer to find out about filing a child injury claim. In the meantime, the following are three things you should know about child personal injuries cases.
1. Accidents Are a Primary Source of Childhood Injuries
Accidents are the leading cause of childhood injuries, and a “major source” for child visits to emergency departments and admissions to hospitals, according to Stanford Children’s Health. Indeed, accidental injuries are the leading cause of death in children, and the U.S. Centers for Disease Control and Prevention (CDC) estimates that about 12,000 children die on average, each year, as a result of unintentional injuries.
Certain types of injuries tend to be common in children than in adults of all ages. For example, falls are the leading cause of nonfatal injuries among children, and about 8,000 kids require treatment in emergency departments every day for fall-related injuries. Bicycle accidents are also a common cause of injury among children, resulting in more than 250,000 injuries every year and approximately 100 deaths. Suffocation and drowning are leading causes of injury and death among very young children.
2. Children May Have More Time to File a Personal Injury Lawsuit Under New York Law
The statute of limitations in New York for most types of personal injury lawsuits is three years, but the statute of limitations is often tolled (i.e., put on pause) until a child is 18 years old for many types of injury cases.
3. Contributory Negligence Can Be More Complicated When the Case Involves a Child Injury
When a plaintiff files a personal injury lawsuit, the defendant may raise the issue of contributory negligence (i.e., the idea that the plaintiff is also at fault for the injury) to reduce liability and damages. With children, the issue of contributory negligence is more complicated. Depending upon the child’s age and the circumstances, contributory negligence may not be a valid defense, or the court may consider it only in relation to the reasonable behavior of a child of a similar age and in similar circumstances.
Contact a Rochester Personal Injury Lawyer Today for Assistance
If your child was injured as a result of another party’s negligence or due to use of a defective product, it is critical to get in touch with our Rochester personal injury attorneys to learn more about filing a claim for financial compensation. Childhood injuries can result in extensive medical bills, and even though your child may have additional time to seek compensation through a lawsuit, it may be necessary to begin the claims process much sooner. The longer you wait to file a lawsuit, the more difficult it may be to obtain the necessary evidence to win the case, as well. Contact King Law today to find out more about filing a personal injury lawsuit for childhood injuries.