Bronx Child Injury Attorneys
A child suffering from severe injuries as a result of a preventable accident is every parent’s worst nightmare. The grief and anger can be overwhelming. Of course, the priority right after an accident is to set the child on the path to physical and mental recovery. However, many parents lack the financial means to access the care their child needs. They may also be suffering from the trauma and distress that often accompanies tragic events like these.
Parents in the Bronx should know that if their child suffers a debilitating injury because of someone else’s wrongdoing, they may be entitled to compensation. An experienced Bronx child injury lawyer from the Law Office of Ivan M Diamond could inform them of their rights, provide them with options, and craft a legal strategy to pursue the proper relief for their child and themselves.
A Child Injury Lawyer Can Hold Wrongdoers Accountable
Child injuries happen far too often in New York City and around the country, causing unimaginable hardship and suffering for children and their families.
Based on data from the Centers for Disease Control and Prevention (CDC), amongst people 0-19 years of age, nearly 12,000 children died from unintentional injuries, and emergency departments treated more than 9.2 million more for non-fatal injuries. According to Stanford Children’s Health, the leading causes of childhood injuries are burns, drowning, falls, poisoning, and traffic accidents.
According to NYC.gov, in New York City, injuries and poisoning are the seventh leading cause of hospitalizations amongst children one to four years of age, the fourth leading cause for children five to nine years old, and the fifth leading cause for children between 10 and 14 years old.
Even though no child should have to suffer, child injuries are an unavoidable reality of the world we live in. The pain and suffering caused to the child and their families can be intense, not to mention the towering hospital bills that could come with treatment and recovery. To make the situation more difficult, those responsible often shirk responsibility for their wrongdoing.
Ivan M. Diamond believes that any person or company, no matter how powerful, should be held accountable for wrongfully injuring a child. Accountability brings relief to struggling families and leads to a safer, more just society.
Who Can Be Liable?
This varies on a case-by-case basis. Some cases may involve only one negligent party, while other cases may comprise five or six defendants. An individual, large corporation, government entity, or a combination of the three, may owe you compensation.
To put it simply, to sue a person or entity for a child injury, their actions must have caused the accident in some way. The driver of a car that runs a stop sign is one example. However, identifying wrongful parties could become far more complicated. For instance, if a hazard in the road caused the injury, you might hold the government entity responsible for cleaning the roads responsible or, if a private company caused the hazard, that company might also have exposure.
An experienced Bronx child injury attorney will have enough acumen and resources to conduct a thorough investigation into the matter. This helps to ensure that you list each responsible party as a defendant. It might also increase the value of the case, as a general matter.
Damages: How Victims Are Compensated
If a child injury lawsuit is successful, the court would often grant the victim damages. Damages are a monetary award to help compensate the victim for their injuries. In legal parlance, they intend to make the injured party whole again. This means that they try to return him or her to the state he or she enjoyed before the accident.
It can be difficult to predict the value of damages that a court may grant a successful plaintiff. However, a savvy attorney could get a better estimate by looking at a few different factors that a court is likely to consider.
Courts generally determine damages based on:
- Pain and suffering: This includes the pain and suffering that occurred at the time of injury as well as the physical and mental anguish the injured person expects to endure going forward. For example, certain spinal cord injuries never truly heal and may cause the injured person discomfort for the rest of their life. Emotional distress is also relevant in this calculation.
- Hospital bills: Serious child injuries can cause financial strain to the victim and their family. Treatment and care could cost tens of thousands of dollars, and sometimes much more.
- Property loss: If the accident damaged or destroyed your property, the court could compensate you based on the value of the property in question.
- The cost of living with a permanent disability: Unfortunately, many victims of child injuries will never fully recover back to normal. They might require special equipment, architectural modifications, or a special living facility. Caring for a child with permanent disabilities may be beyond the means of the victim’s family. Damages may provide the injured parties the care they will need going forward.
- Loss of enjoyment of life: It is an ugly reality that many children cannot engage in normal childhood activities after their accidents. The child may never participate in sports, dance, swimming, and other forms of physical recreation ever again.
Bronx Child Injury FAQ
When your child suffers injuries in an accident, all you can think of is getting her help as soon as possible. Once your child receives medical care and is hopefully recovering, you start thinking about the medical bills that will be filling your mailbox in due time. You can recover medical expenses and other damages if the person who hit you was at fault for the accident.
Even if your child was injured at school, camp, on the playground, or anywhere else, you might have the ability to recover damages to help you pay for your child’s medical expenses. If your child suffers from injuries from an accident, contact a Bronx child injury attorney at The Law Offices of Ivan M. Diamond for a free claim consultation.
What if my child was injured at a Bronx daycare, camp, or school?
As soon as you get the call that your child was injured, bring him or her to the hospital for medical attention. Explain to the doctor what happened and ask that the doctor give your child a full exam. Keep in mind that while most injuries manifest immediately, some might not manifest for hours or even a day or more.
Additionally, contact a child injury lawyer to help you recover damages and to help you notify the appropriate agencies of the event that caused your child’s injuries. Our initial consultations are always free and you don’t pay anything unless we win for you.
What if my child was injured playing with a toy?
If a toy injured your child, you might have a product liability case. Whether a child swallowed a small piece of a toy or the toy broke and caused your child injury, and you prove the toy was defective, you could recover damages for his or her injuries. For example, if your child’s bicycle breaks and causes your child to wreck and break a bone, you might recover damages in the form of medical expenses.
Can I sue a Bronx medical professional or entity that was responsible for my child’s death?
Yes. You can file a wrongful death lawsuit if a medical professional was negligent in his or her duties in caring for your child. If misdiagnosis caused the death, you may also have recourse against the medical professional or medical entity.
Will bringing a Bronx lawsuit traumatize my child?
In most cases, a lawsuit will not affect your child because of laws that protect them. state and federal laws protect your child’s identity. Most courts will not require testimony and cross-examination of a child. In most cases, the parents are more involved in the lawsuit than the children.
Does my child have to file the lawsuit himself or herself?
No. A minor cannot file a lawsuit. A parent or guardian must file the lawsuit on behalf of the child. You can also request that your child’s name not appear on any of the pleadings. Courts often use a minor child’s initials instead of the full name.
What do I do if the defendant blames us for our child’s injuries?
Part of the case sometimes involves an investigation of the incident. Refer the defendants to their own attorney or us. Never discuss the case with the defendants. As soon as possible, let us know that the defendants contacted you about the case. When you have an attorney, they should be contacting the attorney, no you.
How long do we have to file a Bronx child injury lawsuit?
The statute of limitations for children injured in an accident is complicated and provides for different times for filing for different types of cases. If your child suffered from injuries in an accident, your attorney can discuss the statute of limitations with you, including whether you should wait until the child is older or if you should file now.
What injuries can my child suffer in a Bronx accident?
Regardless of the type of accident, your child could suffer from several types of injuries, including:
- Bumps, bruises, scrapes, gashes, and cuts
- Sprains and strains, pulled and torn muscles, and other soft tissue injuries
- Shaken baby syndrome
- Simple and compound fractures
- Head, neck, and shoulder injuries
- Spinal cord and back injuries
- Traumatic brain injuries
- Birth injuries and congenital injuries because of medical malpractice
- Internal organ damage
- Psychological injuries caused by negligence, mistreatment, abuse, and trauma
- Child abuse symptoms
Can I settle my child’s case out of court?
Yes. You always have the option to accept a settlement. In fact, we can help you through the settlement process first. If you do not agree that the defendant’s offer is fair and reasonable, we’ll already have most of the information needed to file a lawsuit against the defendant.
Why should I retain a Bronx child injury attorney?
You should retain an attorney for many reasons. First, child injury cases are complicated, especially if more than one defendant is involved. Additionally, you might believe one person or entity is at fault for your child’s injuries, but an investigation could locate additional defendants.
Second, insurance companies will do anything to deny the claim, or at least find a reason to decrease the settlement amount you should receive. They have many reasons for doing this, including blaming you for your child’s injuries.
You should only give insurance companies your name, contact information, and your attorney’s name and contact information.
Contact a Bronx Child Injury Attorney
If your child suffered injuries because of the actions or inactions of a medical professional, was in a car accident, or suffered injuries because of potentially negligent actions or inactions of medical professionals before, during, and after birth, you could recover damages, including medical expenses.
Contact a Bronx child injury lawyer at The Law Offices of Ivan M. Diamond for a free case evaluation.
Ivan M. Diamond Is Committed to Getting Relief for Injured Children
For a parent, there is nothing more heart-wrenching than watching your child suffer. In instances where your child endured easily preventable suffering as the product of negligence, you may be searching for answers moving forward. You do not have to be alone in this fight.
Ivan M. Diamond has dedicated his career to vindicating the rights of the wrongfully injured. He understands that your first priority is ensuring that your child and your family obtain relief. He also understands that not all cases are the same, and that not every client seeks the same results. This is why he seeks to build meaningful relationships with his clients and makes an effort to better understand their needs and objectives.