Has your child been injured due to another’s negligence? Check out these 4 child injury tips, then call our Buffalo attorneys to get started.
Child Injury Case
A lot of people that come in to see us, friends, neighbors, clients, they want to know what is a child injury case? This simply is a situation where your child has been injured through the fault or negligence of somebody else. It’s very similar to a negligence case where an adult has been injured, but simply here, we’re dealing with somebody who is, by law, underage and is entitled to certain protections. While there are certain variances in terms of how the law applies to your child, the same overall general principles apply in terms of how a case would be processed, the fact you get in to see us and start pursuing things immediately rather than waiting.
Injured Child Cases
There’s nothing more upsetting when you see your child injured or you hear about your child being injured if you don’t happen to be there at the time. A lot of people want to know what should they do? What happens when their child is injured?
What I always tell people is the first thing that you want to do is make sure that your child gets the proper medical treatment. Nothing is more important than making sure that your child gets examined and then properly treatment. Then the treatment, obviously, has to be followed through depending on what the injury is.
The very next step after that is to contact us or another experienced personal injury lawyer who is familiar and experienced with dealing with child injury claims because there are a lot of things that have to be done right off the bat: the accident scene has to be investigated, have to accumulate names of witnesses, and interview witnesses. If time goes by, it’s very hard to recreate those types of situations.
Winning a Child Injury Case
A lot of people come in and they’re concerned with winning their case. They ask me how can I win my child’s personal injury case? My child’s been injured. They’re hurting. I tell them there are a couple of important ingredients.
Number one is you need to hire us or another very experienced firm that has a lot of experience in personal injury law and specifically who have handled many, many cases involving children. The second thing I tell them is it’s very important to start early because every day that goes by evidence disappears, witnesses don’t remember as well. It’s very important that the lawyer get involved early on to make sure that a proper investigation is done. Sometimes you do the investigation and it pans out that we’re not going to file a claim. If you ever are going to file a claim, you do want to protect your child. You have to make sure that the investigation that is done is done properly so that evidence is preserved so you can protect your child’s rights for down the road.
Statute of Limitations for Children
A lot of people are always asking about statute of limitations and timelines. The statute of limitations in New York is set and fixed by law. What New York has is they have what’s called – and it’s a technical term. It’s called tolling provision, which means that until the child turns 18 years of age, the statute of limitations does not begin to run. If your child is 10 years old or 15 years old, there is a lot of time that you have, much more so than if you are an adult. The statute of limitations is the same for adults as it is for children, but children have this tolling provision which protects them and means that they don’t have to file any claim immediately or within the same time period that an adult does.
If your child has been injured due to someone else’s negligence, we understand that this is a difficult time for you. After reading these 4 child injury tips, contact one of our Buffalo Child Injury Lawyers to fight for your child’s full recovery.
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