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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 40 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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Jeff Korek
Jeff S. Korek
Senior Trial Partner
New York State Bar #2089290

Jeff S. Korek is a New York trial lawyer and Senior Trial Partner at Gersowitz Libo & Korek, P.C., where he has practiced since 1992. Over more than three decades of practice, Jeff has represented clients in complex personal injury and medical malpractice cases and has secured significant verdicts and settlements, including $10 million and $20 million recoveries in medical malpractice matters involving childbirth complications, as well as an $18 million settlement in Gardener v. City of New York.

Jeff has been recognized by The Best Lawyers in America since 2006 and has received multiple “Lawyer of the Year” honors, including for Personal Injury Litigation – Plaintiffs in New York City in 2016 and Medical Malpractice Law – Plaintiffs in New York City in 2020. He has also been repeatedly selected to Super Lawyers, including the Top 100: New York – Metro list. With decades of experience handling complex cases, a strategic approach to litigation, and a strong commitment to clients, Jeff Korek has built a distinguished practice in New York personal injury and medical malpractice law.