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What You Need To Know When Filing a Personal Injury Claim on Behalf of a Minor

Personal Injury LawsuitAccording to the Centers for Disease Control and Prevention (CDC), one of the leading causes of death among children in the United States is unintentional injury, like those caused by falling, drowning, burns and road accidents.

Each year, more than 12,000 children between the ages of 0 and 19 die from unintentional injuries. More than 9.2 million receive emergency medical care in hospitals for non-fatal injuries. Amongst younger children aged 1 to 4, drowning is the leading cause of death. For children between the ages of 5 to 19, motor vehicle accidents is the leading cause of death.

Statistics show that children are at a higher risk of being attacked or bitten by dogs. Injuries suffered in these types of incidents can be very serious and even fatal. Additionally, each year numerous children’s toys and products are recalled for defects.

If your child or a loved one has suffered an unintentional injury as a result of the negligence of another party, he or she may be entitled to compensation. Since children are too young to seek legal representation and bring a lawsuit against the negligent parties, they need the help of their parents and legal guardians.

Filing a Claim on Behalf of a Child

A child who is under the age of 18 generally cannot file legal action on their own behalf.  As the child’s parent or legal guardian, it is your obligation to help the child seek legal representation and file a lawsuit on their behalf to obtain compensation for:

  • Past and future medical expenses for the treatment of injuries
  • Loss of future income and future earning capacity
  • Funeral expenses
  • Pain and suffering
  • Emotional distress

If your case is successful and you help your child secure compensation, the state law will most likely require you to place that sum of money into some type of blocked account, which cannot be touched until the child turns a certain age. Your attorney can provide you with more details depending on your specific situation and the laws of the jurisdiction where you are filing suit.

Call an Experienced New York Personal Injury Attorney

Any type of negligence can be a terrifying experience for both the victim and their loved ones, especially if the victim is a minor. The most important thing to realize is that you are not alone. The attorneys at Gersowitz, Libo & Korek P.C. have more than 30 years of experience and knowledge to aggressively fight for your rights and get you the full extent of monetary compensation that you deserve.

If your child has been injured in an accident caused by negligence and you are looking to schedule a complimentary consultation with one of our Personal Injury Lawyer NYC, please call 1-800-529-9997.

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A few years ago I was misdiagnosed and nearly ended up becoming a quadriplegic. Three spinal fusions followed. I asked my sister, a top D.C. lawyer, to find the name of the best personal injury lawyer in NYC, and I was referred to Jeff Korek of Gersowitz Libo and Korek. It was a tough time for me, but Jeff and Irene were great and helped me through it every step of the way. They were compassionate, understanding and very accommodating, yet professional and always with their fingers on the pulse. They really care about the welfare of their clients, and not just money driven. When I was unable to travel, Jeff came to me, and I live an hour from the city. This firm is well known, well established, and has earned the respect and credibility among its peers. I highly recommend the firm of Gersowitz Libo and Korek without hesitation and, in fact, I already have. My thanks go out to the entire team for a better than expected outcome!!! They get a 5 out of 5 stars from me!!read more
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I was injured in 2011 and spent nearly 8 years with Ed Gersowitz and Jeff Korek. Their professionalism and care was beyond. The process was long and at times exhausting but Ed. Jeff and their team made me feel comfortable and in great hands. I can't thank them enough and would highly recommend GLK to all. Thank you for all your help!read more
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