Martin Kehoe and Associates, PC

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New York State Infant Settlement Procedures

If your child is injured on an amusement park ride, in an automobile accident or on the playground at school, he or she may be eligible for and should receive compensation for injuries. We can help. For the purpose of settling a civil claim, an Infant is defined as any person who has not attained the age of eighteen.

 

In New York State, infant settlement procedures are straightforward.  Requirements to settle an infant claim are stated in section 1208 of Article 12 of the CPLR. The Court will require basic pedigree information from the infant and the guardian. The guardian is usually a parent. The Judge will also want to examine circumstances giving rise to the action or claim along with the nature and extent of the damages sustained by the infant. We will assemble the facts and present them to the court.

 

If the claim is based on personal injuries to the infant we will provide the name of each physician who attended or treated the infant, the medical expenses, the period of disability, the amount of lost wages (if applicable) and the present physical condition of the infant.

 

Finally the Court will inquire into the terms and proposed distribution of the settlement. A couple of things to keep in mind are whether reimbursement for medical or other expenses has been received from any source and whether the infantís representative or any member of the infantís family has made a claim for damages alleged to have been suffered as a result of the same occurrence giving rise to the infantís claim and, if so, the amount paid or to be paid in settlement of such claim or if such claim has not been settled the reasons therefore.

 

We will file an affidavit and submit a medical report to the court. A date will be requested for an appearance before the Court. In some circumstances this appearance is not required but in any event this is usually an informal procedure. We then assist the court in drafting a more formal order outlining the circumstances of the settlement.  The proceeds will typically be sent to the infantís guardian to be held in trust for the infant in the future. While certain circumstances allow for early withdrawal of proceeds, these are typically related to support of the child and require notice to the guardian and an order from the court.

 

Based in Albany, our attorneys handle cases in all New York State Courts.