When a minor is injured in an NYC car accident, it brings a new layer of complexity that many don’t expect. Beyond the immediate concerns of health and safety, the accident can raise several legal questions that can directly impact a family’s future in the short and long term. Who can file a claim on a minor’s behalf? How long do they have to file a claim? What happens when any settlement money is awarded? These are some of the questions parents and guardians need to know the answers to. At Alex Yadgarov & Associates, we help families navigate through procedures during stressful times. In this post, as your Queens car accident lawyer, we’ll walk you through what happens when a minor is injured in a car accident in New York.
Who Can File a Claim on Behalf of an Injured Child?
In New York, when a person is injured in a car accident, they can claim compensation of up to $50,000 per person for medical expenses and lost wages through the Personal Injury Protection (PIP) coverage. Since New York is a no-fault state, this compensation is awarded, irrespective of fault in the accident.
The no-fault benefits apply to children the same as to adults. However, a parent or guardian must file the no-fault application on behalf of the minor. Similarly, a parent and guardian must act as the minor’s representative in any subsequent lawsuit.
How Does the Statute of Limitations Impact Minors in New York?
The statute of limitations is the rule that states how long a person has to file legal action on a matter. In New York, for personal injury lawsuits, the statute of limitations stands at three (03) years from the date of the accident.
If a parent or guardian is filing legal action to recover costs for the damages suffered by the child, the aforementioned three-year rule will apply. However, if a minor is independently looking to file action, the statute of limitations is tolled (i.e., paused) until they turn 18 years. That means a child will have until they are 21 years old to file legal action.
If the at-fault driver is a government employee or the accident was caused by a road hazard, a strict 90-day notice of claim must be filed with the government agency. If this notice is not filed, the minor can lose the right to claim compensation, even with the tolling rule in place.
As your accident lawyer in New York, we recommend you file action as soon as possible. This is because the more time passes, the harder it will be to track down witnesses, preserve evidence, and establish fault.
How Are Settlements for Injured Minors Handled in New York?
In New York, a personal injury settlement for injured minors must be reviewed and approved by a judge. This process is known as an infant’s compromise order. Under CPLR Sections 1207 and 1208, the judge will look into the adequacy of the settlement by considering factors such as medical records, circumstances of the accident, attorney fees, etc.
The disbursement of the settlement funds depends on the value of the settlement. If the net settlement is $15,000 or less, the court will directly grant the funds to the parents for the child’s benefit.
Alternatively, if the net settlement is over $15,000, the funds will be placed in a court-approved guardianship account, trust, or structured annuity. Withdrawals from these instruments will require judicial approval until the child turns 18.
What Damages Can Be Recovered for a Minor?
Depending on the severity of the accident and injuries suffered, both economic and non-economic damages can be recovered on behalf of a minor.
Economic damages are the losses that have a set financial value. Medical expenses, both current and projected future expenses, are the most common economic damage claimed. Compensation for damages can be recovered via a no-fault insurance application.
Non-economic damages are the losses that do not have a set financial value. Prominent examples include pain and suffering, mental distress, permanent injury or disfigurement, and loss of future earning potential.
These losses can be claimed if a personal injury lawsuit is filed on the minor’s behalf. To file a personal injury lawsuit, there must either be a basic economic loss that exceeds $50,000 or the minor must suffer a “serious injury” as defined in Section 5102 (d) of New York Insurance Law.
In the most serious cases, the court can also award punitive damages. These damages serve to punish the at-fault party and act as a deterrent against similar conduct in the future.
Conclusion
When a child is injured in an NYC car accident, parents will have a stressful time juggling medical appointments, insurance calls, and worrying about their child’s recovery. A child being involved adds an additional lawyer to what could already be a complex case. But you don’t need to navigate the legal process alone.
If you’re looking for an experienced Brooklyn car accident lawyer that families trust, Alex Yadgarov & Associates is the place for you. Our experienced team will guide families through the process with the care and diligence they deserve. Contact us today and schedule your free and confidential consultation.
