Welcome to Child Injury Lawyer's FAQ page.  The following questions and answers apply to New York State residents only.

Question:  If a child is injured at a playground, camp, or other children’s facility, can the child recover money damages for his or her injuries?

Answer:  Generally, in order for the injured child to be entitled to monetary compensation for his or her injuries, including pain and suffering, the plaintiff has the burden of proving that the owner or operator of the playground, camp, or other children’s facility was negligent (careless), and that such negligence was the cause of the accident. Examples of such negligence may include dangerous, defective, or broken playground equipment, improper or inadequate protective devices such as padded flooring where required, improper or inadequate supervision at a camp or similar facility, etc.

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Question:  What are the attorney’s fees in child injury cases?

Answer:  As in adult injury cases, all accident cases accepted by our law firm are handled on the standard one-third contingency fee. This means that there is no fee charged to the client unless we recover money. Fees and expenses are paid at the conclusion of the case. However, in New York State, if the plaintiff is under 18 years old at the time the case is resolved, the amount of the settlement, as well as the legal fees, are subject to approval by the court. This procedure is known as an infant’s compromise application, and is submitted by the infant plaintiff’s attorney on behalf of the child. The purpose of the infant’s compromise is to protect the interests of the injured child. The infant’s compromise application is made to the judge assigned to the lawsuit, or if the case is settled before a lawsuit is commenced, a judge will be assigned by the court to hear the application.

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Question:  If the injured child receives a monetary settlement, isn’t there a risk that the child will waste the money before he or she reaches the age of 18 years?

Answer:  According to the terms of the infant’s compromise order, the proceeds of the child’s personal injury settlement are payable to the parent or guardian of the injured child, together with a designated bank, and the funds must be held in trust for the injured child pursuant to the specific terms of the court order. As part of the infant’s compromise order approving the settlement and the attorney’s fees, the court usually directs that all or most of the money be deposited in an interest bearing bank account for the benefit of the injured child, and that the money cannot be withdrawn (except in specified circumstances) until the child reaches the age of 18.

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Question:  Is it possible for a portion of the child’s monetary settlement to be used for the benefit of the child before he or she reaches the age of 18 years?

Answer:  Yes, but only if approved by the court. If specifically requested at the time that the judge’s approval of the settlement and the attorney’s fees is sought, it is possible for the infant’s compromise order to specify that a portion of the child’s settlement may be used for a specific purpose, for the benefit of the child, before he or she reaches the age of 18 years. The parent or guardian will usually be required to submit proof to the court of compliance with these terms.  If a specific need arises some time after the infant’s compromise order, it is possible for a separate application to be made to the court seeking permission to use a portion of the child’s settlement for a specific purpose, for the benefit of the child, before he or she reaches the age of 18 years. If such application is granted, the parent or guardian will usually be required to submit proof to the court of compliance with the terms of that court order.

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Question:  I was injured in a hit and run accident. What do I do?

Answer:  In New York State, hit and run accidents must be reported to the police within 24 hours of the accident. Thereafter, 3 copies of the Notice of Intention to Make Claim must be filed with the insurance company insuring the vehicle occupied by the injured person, if applicable, and/or the company insuring the injured person or his family member living in the injured person's household. If the injured person did not occupy any vehicle at the time of the accident, and the injured person and no one living in the injured person's household owned or leased a vehicle, then the papers must be filed with the Motor Vehicle Accident Indemnification Corporation.

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Question:  I was injured in an accident caused by a driver who was uninsured. How can I recover money for my pain and suffering?

Answer:  In New York State, 3 copies of the Notice of Intention to Make Claim must be filed with the insurance company insuring the vehicle occupied by the injured person, if applicable, and/or the company insuring the injured person or his family member living in the injured person's household. If the injured person did not occupy any vehicle at the time of the accident, and the injured person and no one living in the injured person's household owned or leased a vehicle, then the papers must be filed with the Motor Vehicle Accident Indemnification Corporation.

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Question:  I was seriously injured, but the driver's insurance coverage is insufficient to adequately compensate me. What can I do in order to recover more than the insurance coverage for the driver at fault?

Answer:  If the driver at fault was operating a vehicle owned by someone else, there may be 2 insurance policies available:  (1) the vehicle owner’s insurance; and (2) the company insuring the driver’s personal vehicle (although he was not driving that vehicle at the time of the accident). Furthermore, if either the driver or the owner had any other vehicles in their household, the insurance policies covering those other vehicles might provide excess coverage for your injures. Finally, if you or any member of your household owned or leased a vehicle on the date of the accident, the insurance policy covering such vehicle might provide underinsured motorist coverage, also known as supplementary uninsured motorist coverage. If you have this coverage, it might provide a significant source of additional recovery for your injuries. (Of course, you could also seek to collect from the defendant’s personal assets, the portion of a judgment in excess of the responsible driver’s and owner’s insurance coverage. Often, however, this alternative is impractical.)

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Question:  I am not happy with the attorney who is handling my case, and want to replace him. Can I simply fire him and retain another attorney? Do I still have to pay the attorney who I want to replace?

Answer:  Yes, you have the right to replace your attorney. Effective January 1, 1998, the Appellate Division of the Supreme Court added Part 1210, which concerns client rights, to Title 22 of the Official Compilation of Codes, Rules and Regulations of the State of New York. Part 1210 states that a client is entitled to an attorney capable of handling his or her legal matter competently and diligently. The client is also entitled to be treated with courtesy and consideration at all times, to have his or her questions and concerns addressed in a prompt manner, and to have telephone calls returned promptly.

Part 1210 also states that if a client is not satisfied with how his or her legal matter is being handled, he or she has the right to withdraw from the attorney-client relationship at any time (although court approval may be required in some matters).

Regarding legal fees, your attorney may have a claim against you for the value of services rendered up to the time you dismiss your lawyer.

If your legal matter is a personal injury case handled on a contingency fee basis, your attorney may be entitled to a fee for services rendered; however, you are not required to pay this legal fee to the outgoing attorney when he or she is discharged. Instead, at the conclusion of your case, both the outgoing and incoming attorneys will share the contingent legal fee.  Either the outgoing attorney and the incoming attorney will come to an agreement as to how the total fee will be divided, or the judge will make that determination. The total legal fee is not increased as a result of replacing your attorney.

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Question:  Can I afford your services? What is a contingency fee?

Answer:  Yes, you can.  All accident cases accepted by our law firm are handled on the standard one-third contingency fee.  This means that there is no fee charged to you unless we recover money.  Fees and expenses are paid at the conclusion of your case.

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If you or your child were injured, call Michael W. Goldstein, Esq. at (212) 571-6848, or toll free at (877) I WAS HURT for a free telephone consultation.  To send an e-mail, click on accident lawyers.

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