When your child is hurt because someone else wasn't careful, you don't want a sales pitch, you want a firm that will fight quietly, thoroughly, and for the long run. Segal Law Firm represents families through some of the hardest moments a parent can face.
Child injury cases are different. Damages stretch decades into the future. Children heal differently. Juries view children differently. And the law treats their claims differently. We've handled these cases with the care and rigor they require for over 30 years.
How a child's claim is different
A child cannot file their own lawsuit, a parent or guardian files on their behalf. Settlements for minors require court approval and the funds are typically held in protected accounts until the child turns 18.
Most importantly: New York's statute of limitations is paused for most child injury claims until the child turns 18. But evidence still disappears, and special claims (like those against schools or municipalities) can require notice within 90 days. Don't wait.
What families may recover
Past & future medical care
Future lost earning capacity
Pain and suffering
Therapy & rehabilitation
Permanent disability
Disfigurement & scarring
What parents should do first
These steps protect your child's health and their future claim.
Get full pediatric care
Pediatric specialists, not just the ER. Children's injuries present differently and need expert documentation.
Document everything
Photos of the scene, the hazard, your child's injuries. Names of every supervisor or witness present.
Get incident reports
From the school, daycare, camp, playground operator, or store. Written reports, don't accept 'we'll handle it.'
Call us before signing anything
Schools and daycares sometimes offer 'goodwill' settlements that waive future rights. Never sign without an attorney.
Why families trust Segal
We treat your child as our client
We meet you where you are, home, hospital, therapy office. Your child's comfort comes first.
Long-term valuation expertise
We work with pediatric specialists and life-care planners to value injuries over a lifetime, not just today.
Court approval done right
Minor's compromise proceedings are technical. We handle them properly so the funds are protected and accessible when your child needs them.
Schools, daycares & municipalities
We've sued NYC schools, the DOE, private daycares and major chains. We know how to navigate notices, immunities and special rules.
Related situations
Injuries like these sometimes overlap with other areas of law. These pages may be helpful background, whether any of them applies to your situation is something an attorney would need to review with you.
Claims against NYC, the DOE, NYCHA, or other public entities can require a 90-day notice, regardless of the child's age. Call early so nothing gets missed.
Handled with discretion and care. New York's CVA and ASA opened new windows for survivors and their families.
A deeper look
How New York law handles a child's injury claim, from deadlines to settlement approval
Cases involving injured children are governed by rules that do not apply to adults. Timing, valuation, and even who controls the settlement money work differently under New York law. Here is what parents need to understand.
The infancy toll: why the clock is different for kids
Under CPLR 208, the statute of limitations for most personal injury claims is tolled, or paused, while the injured person is under 18. In practice, that means a child generally has until their 21st birthday to bring most negligence claims, rather than the standard three years from the date of injury.
That toll is a safety net, not a strategy. Witnesses move, video is overwritten, playground equipment gets repaired or removed, and daycare staff turn over. Every month that passes makes it harder to prove exactly what happened, even though the legal deadline has not run.
Claims against the City, NYCHA, and the DOE run on a much shorter clock
The infancy toll does not extend the notice requirements for claims against public entities. A Notice of Claim against the New York City Department of Education, NYCHA, or another municipal body must generally be filed within 90 days of the incident, regardless of the child's age.
Miss that 90-day window and a court can still permit a late notice in some circumstances, but only within specific limits and only if you ask promptly. We treat any injury on public school, playground, or NYCHA property as a 90-day emergency from day one.
90-day Notice of Claim for DOE, NYCHA, and City property
Late notice applications are discretionary, not guaranteed
Private schools and daycares follow ordinary negligence timelines
Suit against a municipality generally must follow within 1 year and 90 days
Daycare, school, and camp supervision standards
New York holds schools, daycares, and camps to a duty of care equivalent to that of a reasonably prudent parent under the circumstances. That standard rises with the age and behavior history of the children involved, the activity being supervised, and known hazards on the premises.
Daycare centers are also regulated by the New York State Office of Children and Family Services, which sets staff-to-child ratios, background check requirements, and facility safety standards. A documented ratio violation or licensing lapse at the time of an injury is often powerful evidence of negligence.
Product liability claims for defective children's products
Cribs, car seats, strollers, toys, and children's furniture are subject to strict federal safety standards enforced by the Consumer Product Safety Commission, in addition to New York product liability law. A claim can rest on a design defect, a manufacturing defect, or a failure to warn, and more than one party in the supply chain, manufacturer, distributor, or retailer, can share liability.
We routinely obtain the product itself, review CPSC recall history, and retain engineering experts to demonstrate exactly how a product failed and why a safer, feasible alternative design existed at the time it was sold.
Lead paint and premises exposure cases
New York City's Local Law 1 presumes lead-based paint hazards in pre-1960 buildings where a child under six resides, and it places an affirmative duty on landlords to investigate and remediate. When a landlord knew or should have known a child lived in the unit and failed to correct a hazard, that failure can support liability for the resulting neurological or developmental harm.
These cases depend heavily on blood-lead-level testing history, building inspection and violation records, and expert neuropsychological evaluation to document the extent of injury over time.
Valuing a child's claim: why future damages dominate
Because children have decades of life ahead, damages calculations focus heavily on the future: anticipated medical and therapeutic care, projected impact on future earning capacity, and the cost of any adaptive equipment or ongoing supervision needs. Life-care planners and pediatric specialists are typically retained to project these costs credibly.
Non-economic damages, pain and suffering, disfigurement, and loss of enjoyment of life, are also assessed differently for children. Juries and courts consider how an injury will affect a child through development, adolescence, and adulthood, not just their condition on the day of trial.
Court approval and structured settlements for minors
New York does not allow a settlement for a minor to simply be paid to a parent. Under CPLR Article 12, any settlement of a child's claim requires court approval through a proceeding often called an infant's compromise order, in which a judge reviews the settlement terms, the medical evidence, and the proposed disposition of funds to confirm the deal is fair.
Funds are typically placed into a structured settlement or a restricted account, sometimes through the county Surrogate's Court or Supreme Court infant compromise part, until the child turns 18. Attorney's fees in these cases are also subject to court approval and cannot simply be negotiated privately.
The Child Victims Act and Adult Survivors Act
For survivors of childhood sexual abuse, New York's Child Victims Act extended the civil statute of limitations to age 55 and opened a look-back window that allowed previously time-barred claims to be filed. The related Adult Survivors Act opened a similar window for claims based on abuse suffered as an adult.
These statutes fundamentally changed what is possible for survivors and their families, allowing claims against schools, religious institutions, camps, and other organizations that failed to protect children even decades after the abuse occurred. We handle these matters with particular discretion and care.
Areas we handle child injury claims across New York
We represent injured children and their families throughout Manhattan, Brooklyn, Queens, the Bronx, Long Island, and Staten Island, including claims against public schools, private daycares, and municipal playgrounds that carry strict notice deadlines.
Manhattan
Brooklyn
Queens
The Bronx
Staten Island
Long Island
Nassau County
Suffolk County
Westchester County
NYC public school claims
Daycare & camp claims
Playground & NYCHA property claims
Frequently asked
Answers before you call
Does the statute of limitations really wait until my child turns 18?+
For most negligence claims, yes, under CPLR 208 the clock is generally paused until the child turns 18, giving until around age 21 to sue. But claims against the City, DOE, or NYCHA still require a Notice of Claim within 90 days regardless of age, so don't rely on the toll alone.
What if my child was hurt at a daycare with too few staff on duty?+
New York regulates staff-to-child ratios through the Office of Children and Family Services. A documented ratio violation at the time of injury is strong evidence of negligence and we investigate licensing and inspection history as part of every daycare case.
Can we sue if a toy or car seat was defective?+
Yes. Product liability claims can be brought against manufacturers, distributors, and sometimes retailers for design defects, manufacturing defects, or inadequate warnings. We check CPSC recall history and retain engineering experts where needed.
My child was exposed to lead paint in our apartment. Is the landlord responsible?+
Possibly. Under NYC's Local Law 1, landlords of pre-1960 buildings are presumed to have a lead hazard where a young child resides and have a duty to investigate and remediate. Failure to do so can support liability for resulting harm.
How is a child's pain and suffering valued differently than an adult's?+
Courts and juries consider how an injury will follow a child through development, adolescence, and adulthood, not just their condition today, which is why life-care planning and long-term medical projections matter so much in these cases.
What is the Child Victims Act and does it still apply?+
The Child Victims Act extended New York's civil statute of limitations for childhood sexual abuse claims to age 55. While its temporary look-back window has closed, survivors under 55 may still be able to bring claims, and we evaluate each situation individually.
How long do I have to file my child's claim?+
For most claims, the statute of limitations is paused until your child turns 18, but you should never wait. Evidence disappears, and claims against public entities (NYC schools, NYCHA, DOE) can require notice within 90 days regardless of age.
Will my child have to testify?+
Often no. Most cases settle before trial, and when testimony is needed we work closely with child psychologists and prepare children with great care. Many courts also allow video testimony for minors.
What happens to the settlement money?+
New York requires court approval of any settlement for a minor. The funds are typically placed in a protected account or structured settlement that the child receives at 18 (or in payments over time).
Can I bring a claim against my child's school?+
Yes, but special rules apply. Public schools require a 90-day notice of claim. Private schools and daycares follow standard timelines. We handle both.
What is a 'minor's compromise'?+
The court proceeding that approves a settlement on behalf of a child. The judge confirms the settlement is fair and that the funds are properly protected. We handle the entire process.
What does it cost?+
Nothing upfront. Attorney fees in minor's cases are court-approved and capped, we are paid only out of the recovery.
Contact
Worried about your child? Let's talk.
Free, confidential consultation. We meet families where they are. No fee unless we recover.
