Injury Lawsuits for Children
If your child is injured in an incident, you, as the parent or legal guardian, can bring a lawsuit on their behalf.
In most cases, you would file the lawsuit as if the child were an adult and proceed accordingly. However, it’s critical to know that you do not have to act immediately—the statute of limitations (SOL) for children is different.
Statute of Limitations for Children in New York
In New York, the normal statute of limitations (3 years for most personal injury cases) does not apply to minors.
The SOL is tolled (extended) for children.
A minor may file a lawsuit up to three years after their 18th birthday.
Exception:
For injuries resulting from medical malpractice, the statute of limitations can be extended but only up to ten years.
What Happens After a Lawsuit is Resolved?
Once the lawsuit is resolved—whether through a settlement or a verdict—your lawyer will file what’s called an Infant Compromise with the court.
A judge will review and approve the settlement to ensure that the child’s best interests are protected.
Confidentiality for Child Plaintiffs
When a child is involved in a lawsuit, their identity is kept confidential in public filings.
For example, only the child’s initials will be used in the caption of legal documents.
Final Thoughts
Of course, no one wants to imagine their child being injured, but if it happens:
Take extra due diligence to find a lawyer you can trust.
Work with someone who genuinely cares about your child’s well-being and understands the unique aspects of these cases.
