Was your child injured in an accident in Queens, New York? Child injuries can be devastating for the entire family, and you and your child deserve compensation from the party responsible.

You might be able to receive compensation for your medical bills, pain and suffering, out-of-pocket expenses, emotional distress, and more. Oresky & Associates, PLLC, can help.

Our Queens child injury attorneys are some of the most respected in all of NYC, with 30 years of combined experience and more than $400 million collected on behalf of personal injury victims.

We’re ready to put our stellar track record of success to work for you and your loved one today.

Contact to our law office at (718) 993-9999 or send us a message online to get started. Our personal injury law firm in Queens offers a free initial consultation to review the facts of your case.

How Oresky & Associates, PLLC, Can Help With a Queens, NY Child Injury Claim

Dealing with the aftermath of a child injury is almost never easy. The consequences can put a financial strain on your family, which can draw attention away from where it needs to be – on the well-being of the child.

You may have an insurance company berating you with questions, and you might not be sure who is on your side and who isn’t. All of this might be overwhelming, which is more than understandable.

Having a skilled, experienced personal injury lawyer in your corner can make matters easier to contend with. You’ll be able to care for the health of your child while our Queens personal injury attorneys fight for compensation from the party who caused the accident.

Our lead attorney, Jacob Oresky, has received accolades such as membership in the Million Dollar Advocates Forum, a spot on New York Magazine’s “New York’s Leading Personal Injury Lawyers” list, and recognition as a Super Lawyer by the legal organization titled the same.

We can assist with your child injury case in the following ways, to name a few:

• Collecting evidence and determining the maximum extent of your damages via an internal investigation into your case
• Negotiating a settlement agreement on your behalf and bringing your case to court if the other side won’t negotiate in good faith
• Helping you understand your legal rights and options as your case progresses
• Hiring experts to analyze your case and testify at trial if necessary

Ready to begin forming an attorney-client relationship, or would you like to learn more? Contact us today to set up your free case evaluation.

A Brief Overview of Child Injuries

In this context, a child injury means an unintentional injury suffered by a person ages 0-19.

How Common Are Child Injuries?

The Centers for Disease Control and Prevention (CDC) makes data available on injuries among children across the United States. The latest data is from the year 2019.

Data from the CDC indicates that child injury is the leading cause of death for children and teens in the United States, even though child unintentional injury death rates fell 11% from 2011 to 2019.

However, rates of certain types of injuries increased during that time. And according to the CDC, unintentional injuries caused the deaths of more than 7,000 children and teens that year.

Types of Child Injuries

Unfortunately, children can be more susceptible to injury considering their bodies are not yet fully developed. The following are some of the more common types of child injuries:

• Traumatic brain injuries
• Burn injuries
• Broken bones
• Fractures
• Amputations
• Paralysis
• Back injuries
• Leg injuries
• Organ damage
• Catastrophic injuries
• Wrongful death
• Crushing injuries

If your child has suffered an injury in an accident, our attorneys in New York City can help. Reach out today for legal advice regarding your case.

Long-Term Consequences of Child Injuries

Because children are still growing and learning, an injury can result in serious long-term consequences, such as:

• Lack of a normal childhood
• Developmental issues
• Anxiety and other mental disorders
• Cognitive impairment
• Physical disability, whether temporary or permanent

Our legal team can hire experts, including medical experts, to comprehensively analyze your case to ensure you and your child are made whole as best as is possible.

Common Causes of Child Injuries

The CDC states that common causes of child injuries include:

• Car accidents
• Fires
• Poisoning
• Suffocation
• Drowning
• Falls

However, children can become injured in a wide variety of circumstances beyond those listed here. Regardless of how your child was injured, you might have a case for compensation if it was someone else’s fault.

Our Queens child injury lawyers in NYC can help stand up for your interests.

What Is My Queens Child Injury Case Worth?

The value of your child’s injury case in Queens will depend on all of the facts and circumstances surrounding the incident. That said, the cases that involve the most serious injuries that most severely impact the child’s life tend to be worth the most. Factors that can influence the value of a case include:

• The availability of evidence to support the claim
• Whether the child will make a complete recovery
• How old the child is
• The degree to which the accident has impacted the rest of the family
• The terms of any applicable insurance policies

Our goal will be to help you explore your legal options and maximize the value of your claim when you hire us to represent you.

What Compensation Can I Receive for My Child’s Injuries in Queens, New York?

You can receive compensation in the form of economic, non-economic, and possibly punitive damages in Queens, New York, after a child injury accident.

Economic damages represent:

• Lost wages if you had to miss work to help your child
• Decreased earning capacity
• Medical bills
• Out-of-pocket expenses

Non-economic damages represent:

• Pain and suffering
• Loss of consortium
• Emotional distress
• Disfigurement

Punitive damages could be available if the defendant acted egregiously. Unlike the other two types, these damages are not meant to compensate you (though they do, nonetheless, in effect). Rather, they are meant to “punish” the at-fault party.

How Do I Prove Fault in a Queens Child Injury Case?

Most child injury cases are based on negligence (though some, such as product liability cases, are based on strict liability instead). Negligence means something similar to “carelessness,” and it occurs when a person violates a duty of care and causes harm to someone else as a result.

Four legal elements are necessary to assert a negligence claim: duty of care, breach of duty, causation, and damages.

The personal injury victim has the burden of proof to establish negligence “by a preponderance of the evidence.” That means you will need to show that each legal element is more likely true than not. Fortunately, this is an easier standard to meet than the “beyond a reasonable doubt” standard in the criminal law context.

Our child injury attorneys in Queens are experts when it comes to proving negligence and strict liability claims. We’re confident that we can achieve a favorable outcome for your case; reach out to learn more.

How Long Do I Have To File a Lawsuit After My Child Was Injured in New York?

New York State establishes the deadlines for when lawsuits must be filed via its statute of limitations. Assuming you are filing the lawsuit on behalf of your child, you will have three years from the date of the accident to file your lawsuit. Be sure not to file your lawsuit too late, or a court of law will refuse your case, and you will forfeit your right to pursue compensation.

However, a child may bring a lawsuit directly once they turn 18, and they will have three years from that date to file their lawsuit. An exception to this is that for medical malpractice cases, there is a ten-year time limit in almost every situation.

This means that for medical malpractice cases, the deadline may run out before the child turns 18, meaning you will need to file the lawsuit on their behalf.

Because of this nuance regarding the default three-year deadline, we recommend reaching out to us if you have any questions about the statute of limitations deadline and how it applies to your case.

Schedule a Free Consultation With a Trusted Queens, NY Child Injury Attorney Near You

If your child has been harmed in a personal injury accident, you and your family deserve financial justice. The experienced Queens child injury lawyers with Oresky & Associates, PLLC, are here to help you and your family work through this difficult time.

Our law firm works on contingency, which means it will not cost you anything upfront to hire us.

We will instead receive our payment as a percentage of the financial award we ultimately obtain for you at the end of your case.

Contact us today to set up a free case evaluation with one of our personal injury attorneys. We’re here to help.