If your child was injured in an incident then yes of course you, as the parent or legal guardian, can bring a lawsuit on his or her behalf.
In a typical accident you’ll most likely act as if the child was an adult and file suit in due course. But, its critical to know that you do not have to. For a child the normal statute of limitations to file a suit (3yrs for most injury cases in NY) does not apply. The SOL is tolled or extended for children.
In New York, for most personal injury cases, a minor may file a lawsuit up to three years after their 18th birthday. There are some exceptions. For example, if the injury results from medical malpractice, the statute of limitations can be extended but only up to ten years.
Now, after the lawsuit is resolved with a settlement or a verdict – your lawyer will then file what’s called an Infant Compromise with the Court where a judge will approve the settlement. This is to ensure the that the child’s best interests are protected.
Lastly, when a child is involved the identity of the child on public filings is kept confidential. For example, only the child’s initials will be used in the caption of the legal documents.
And of course I hope it never happens to anyone’s child, but if your child is injured, please do EXTRA due diligence and find a lawyer you can trust and who cares.
