Children in New York City are vulnerable to injuries caused by the negligence of others. Accidents involving cars, trucks, slip and falls, unsafe property conditions, or bicycle crashes can result in serious physical, emotional, and long-term harm. When a child is injured, families face not only medical and rehabilitation costs but also the emotional stress of ensuring proper care and recovery.
At the Law Offices of Jason B. Kessler, our attorneys are experienced at handling every step of a child injury case in the NYC area, guiding parents through the legal process from start to finish. We gather evidence, review medical records, negotiate with insurance companies, and, if necessary, litigate, to ensure your child receives the compensation they need for medical treatment, pain and suffering, emotional care, and future needs. With professional legal support, families can focus on their child’s recovery while we advocate for their rights.
For a free case evaluation and legal consultation with a dedicated New York personal injury lawyer, please contact us today.
Fast Facts: Child Injuries in the New York City Area
- Children in NYC are at risk of injuries from car accidents, truck collisions, slip and falls, unsafe property conditions, and bicycle accidents caused by others’ negligence.
- Common injuries include head and brain trauma, broken bones, soft tissue injuries, internal organ damage, spinal or neck injuries, cuts and lacerations, and psychological or emotional trauma.
- Families may recover compensation for medical expenses, pain and suffering, lost wages or caregiver time, emotional and psychological care, and related costs such as transportation, home modifications, or specialized education services.
- Litigation may be necessary when the responsible party denies fault, the insurance company offers inadequate compensation, or the child’s injuries are severe, long-term, or permanent.
- Our personal injury lawyers evaluate the strength of your case and guide families on whether settlement or litigation is the best course of action.
- We handle every step of the process, including gathering evidence, reviewing medical records, interviewing witnesses, consulting experts, negotiating with insurance companies, and representing your child in court if necessary.
- With professional legal support, families can focus on their child’s recovery while we advocate for fair and full compensation.
Common Occurrences in New York City that Lead to Child Injuries
Car Accidents
One of the most frequent causes of child injuries in New York City is motor vehicle collisions. Children can be passengers in cars driven recklessly or by drivers distracted by phones, passengers, or traffic. Even minor collisions can cause serious injuries like broken bones, concussions, or internal trauma. Children are especially vulnerable because their bodies are smaller and less developed, making them more susceptible to serious harm in crashes.
Truck Accidents
Truck accidents in NYC often result in severe injuries for children. Delivery trucks, large commercial vehicles, and construction vehicles have significant blind spots and can be difficult to maneuver. When drivers act negligently—speeding, failing to yield, or making sudden turns—children walking, biking, or crossing streets are at risk of being struck. These accidents frequently cause life-altering injuries or fatalities.
Slip and Fall or Other Premises Accidents
Premises liability is another common source of child injuries. Unsafe conditions in schools, playgrounds, apartment buildings, or stores—like wet floors, broken stairs, loose railings, or poorly maintained play equipment—can cause children to fall. Even minor slips and trips can result in fractures, head injuries, or sprains. Property owners are legally required to maintain safe environments, and negligence can directly contribute to harm.
Bicycle Accidents
Bicycle accidents are common in busy urban areas like NYC. Child bicyclists may be hit by other vehicles, or they may collide with obstacles like potholes or debris. Inattentive drivers and poor road conditions often contribute to these accidents, causing serious injuries to young riders.
What Are the Most Common Child Injuries in New York City Accidents?
Head and Brain Injuries
Children are particularly vulnerable to head injuries in accidents caused by negligence. Car and truck collisions, falls from playground equipment, or bicycle crashes can all result in traumatic brain injuries (TBIs). These injuries range from concussions to more severe forms of brain damage. Signs may include dizziness, headaches, nausea, confusion, or loss of consciousness. TBIs can also affect a child’s learning, memory, and behavior over time.
Broken Bones and Fractures
Falls, vehicle collisions, and bicycle accidents frequently cause broken bones in children. Common fractures include:
- Arms and wrists from trying to break a fall
- Legs or collarbones from being struck by a car or truck
- Fingers or toes from playground or sports-related accidents
Children’s bones are still developing, so fractures can sometimes lead to longer healing times or require surgical intervention.
Soft Tissue Injuries
Soft tissue injuries—like sprains, strains, bruises, and cuts—are common in slip and fall accidents, bicycle crashes, and minor collisions. While less severe than broken bones, these injuries can still be painful, require physical therapy, and temporarily limit a child’s mobility or daily activities.
Internal Injuries
Car accidents, truck crashes, and severe falls can cause internal injuries in children. These injuries may not always be visible immediately, but can include damage to organs such as the liver, spleen, or kidneys.
Spinal Cord and Neck Injuries
Accidents that involve sudden stops, collisions, or falls from heights can injure a child’s spine or neck. These injuries range from minor strains to serious spinal cord damage that can result in partial or complete paralysis. Even minor injuries may require long-term medical care and rehabilitation.
Cuts, Lacerations, and Abrasions
Cuts and scrapes are common in bicycle accidents, falls, or playground incidents. While often less severe than other injuries, deep lacerations may require stitches, increase infection risk, and leave lasting scars.
Psychological and Emotional Trauma
Accidents caused by negligence can also leave emotional scars. Children may develop anxiety, fear of vehicles or playgrounds, sleep disturbances, or post-traumatic stress.
How to Prove a Child Injury Case in New York
Duty of Care
To prove a child injury case in New York City, the first legal element is showing that the responsible party owed a duty of care to the child. Property owners, drivers, and other individuals have a legal obligation to act reasonably to prevent harm. For example, drivers must obey traffic laws, property owners must maintain safe premises, and supervisors at playgrounds or schools must monitor children properly. Evidence of duty of care often includes local ordinances, traffic laws, building codes, or safety regulations.
Breach of Duty
The next element is proving that the responsible party breached their duty of care. This means showing they failed to act as a reasonably careful person would under similar circumstances. In vehicle accidents, this might involve proving that a driver ran a red light, was speeding, or was distracted. In premises cases, it could involve showing that an unsafe condition—like a wet floor, broken railing, or poorly maintained playground—was ignored. Evidence can include photographs of the scene, surveillance footage, eyewitness testimony, or inspection reports.
Causation
Causation requires proving that the defendant’s negligence directly caused the child’s injury. This is often one of the most important elements of the case. Medical records documenting the child’s injuries immediately after the incident, accident reconstruction reports, and expert testimony can demonstrate how the accident led to harm. Statements from eyewitnesses or first responders can also help establish a clear link between the negligent act and the injury.
Damages
Finally, the injured child must have suffered damages, which can include medical expenses, pain and suffering, lost opportunities, and emotional trauma. Evidence for damages often includes:
- Medical records and bills
- Physical therapy or rehabilitation documentation
- Expert evaluations of future care or long-term impact
- Psychological assessments for trauma or emotional distress
Supporting Evidence
Additional evidence can strengthen a child injury case. This may include:
- Police or incident reports
- School or daycare reports if the injury occurred on campus
- Witness statements from other children, parents, or caregivers
- Expert opinions on safety standards or accident causes
Recoverable Compensation in New York Child Injury Cases
In New York City, when a child suffers an injury because of someone else’s negligence, families may be entitled to pursue various types of compensation to cover the physical, emotional, and financial consequences of the accident. Recoverable compensation is intended to make the child and their family whole, as much as possible, and can cover both immediate and long-term needs.
Medical Expenses
The most immediate type of compensation is for medical expenses. This includes hospital stays, surgeries, doctor visits, diagnostic tests, medications, and emergency care. It also covers ongoing care such as physical therapy, rehabilitation, and specialized treatments required for recovery. Families can recover both past medical costs already incurred and anticipated future medical expenses related to the injury.
Pain and Suffering
Children who suffer injuries from negligence may also be entitled to compensation for pain and suffering. This type of award addresses the physical pain, discomfort, and emotional distress the child experiences due to the accident. Pain and suffering can be especially significant if the injury results in long-term disability, chronic pain, or permanent scarring.
Lost Wages and Future Earnings
While children typically do not earn income, compensation can cover the financial impact on their caregivers. Parents may miss work to care for an injured child, attend medical appointments, or provide ongoing support. In cases where an injury affects the child’s long-term ability to work in the future, courts may consider loss of future earning potential as part of the recovery.
Emotional and Psychological Harm
Accidents can also cause significant emotional and psychological trauma. Children may develop anxiety, depression, or post-traumatic stress as a result of the incident. Compensation can cover therapy, counseling, and other mental health services necessary for the child’s well-being.
Other Related Costs
Recoverable compensation can also include additional expenses directly related to the injury. This may involve transportation to and from medical appointments, home modifications for mobility or safety, specialized educational services, or adaptive equipment.
By securing these types of compensation, families can help ensure that a child’s recovery is fully supported, both physically and emotionally, while holding negligent parties accountable for the harm they caused.
When Should a New York Child Injury Case Be Litigated?
Not every child injury case in New York City requires going to court. Many cases can be resolved through negotiations with insurance companies or settlement agreements. However, litigation may be necessary when these efforts fail to provide fair compensation. Situations that often require a lawsuit include cases where:
- The responsible party denies liability or disputes fault.
- The insurance company refuses to offer adequate compensation.
- The child’s injuries are severe, long-term, or permanent, making the value of the case significant.
- There are multiple parties involved, and liability is unclear.
Filing a lawsuit allows a court to formally determine fault, evaluate damages, and order the negligent party to pay compensation. In complex cases involving serious injuries, litigation can be the most effective way to ensure a child’s medical, emotional, and long-term needs are fully addressed.
FAQs: Child Injury Cases in the New York City Area
Q: What types of accidents commonly cause child injuries in NYC?
A: Children can suffer injuries in car accidents, truck collisions, slip and fall incidents, premises accidents, and bicycle crashes. Negligence by drivers, property owners, or supervisors is often the cause.
Q: What types of injuries can children suffer?
A: Common injuries include head and brain trauma, broken bones, soft tissue injuries, internal organ damage, spinal or neck injuries, cuts and lacerations, and psychological or emotional trauma.
Q: What types of compensation can be recovered in these cases?
A: Families may recover medical expenses, pain and suffering, lost wages or caregiver time, emotional and psychological care, and additional costs such as transportation, home modifications, or specialized education services.
Q: When should a case be litigated?
A: Litigation may be necessary if the responsible party denies fault, the insurance company offers inadequate compensation, or the child’s injuries are severe or long-term.
Q: How can your personal injury attorneys help?
A: Our lawyers handle every step of a child injury case—from evaluating the claim, gathering medical records and evidence, and negotiating with insurance companies, to filing lawsuits and representing your child in court. We also work with experts to prove liability and damages, ensuring your child receives the compensation needed for recovery and long-term well-being.
Q: Why is legal guidance so important?
A: Experienced attorneys help parents make informed decisions, protect their child’s rights, and maximize compensation while reducing stress during the recovery process.
Talk with an Experienced New York Child Injury Lawyer Today
At the Law Offices of Jason B. Kessler, we can handle every step of your child’s injury case and pursue the compensation they need to become whole again.
For a free case evaluation and legal consultation with a knowledgeable child injury attorney in the New York City area, don't delay, call us today.