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
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 infant’s
representative or any member of the infant’s family has made a claim
for damages alleged to have been suffered as a result of the same
occurrence giving rise to the infant’s 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 infant’s 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.