When Your Child’s Injury Justifies Legal Action
Get can’t-miss family activities sent to you!
Get the Best Kid-Friendly Activities
Sent to You Weekly!
Keep expense records. Keep a record and receipts of all expenses you incur related to your child's injury, including co-pays, prescriptions, crutches, and other non-covered items.
Watch the calendar. Be aware of time limitations, otherwise known as statute of limitations. This refers to the time you have to start a lawsuit. It is important to know that the clock starts ticking on the day of the accident!
The location where your child is injured makes a big difference. If your child is injured on government-owned or operated property, e.g., county park, town pool, state beach, the law requires you to file a Notice of Claim within 90 days of the injury. The notice must set forth specific information so that officials can make a prompt investigation. Your failure to file this notice on time and with sufficient detail can prevent you from bringing a lawsuit. If your child is injured on private property, a Notice of Claim is not required.
Early consultation with an attorney who specializes in personal injury law will ensure that you protect your child's legal rights. An experienced attorney can help you determine if a Notice of Claim is necessary, and ensure that you file it in a timely manner, with sufficient detail. A trustworthy lawyer will also advise you as to whether the injuries your child has suffered are the type that will likely result in a successful lawsuit and will help you commence that lawsuit within the statute of limitations.
While these tips will serve you well in the summer, they apply to any injury that your child — or any family member — might suffer at any time of the year. So bookmark this article in case you ever need it.
LEWIS BARTELL has spent the past 22 years successfully litigating all types of personal injury matters with compassion for his clients and their children. He is a partner at Kaplan Belsky Ross and can be reached at 516-745-1100 and [email protected]. He is also the father of three wonderful children who aren't allowed out of the house this summer so they won't get injured.