New York City Personal Injury Law Blog

Childhood Abuse Developing into a Personal Injury Case

Posted on Feb 20, 2016 in Personal Injury, Personal Injury FAQs

Personal injury incidents are tragic, but they become even more devastating when a child is the victim of abuse leading to permanent injuries. Globally, thousands of children are found to be the victims of parental neglect, police torture, foster-home abuse, and teacher abuse.

In New York State, children of abuse can suffer permanent physical and emotional damages, which shape these children into violent, insecure, or emotionally unstable adults, years later. If you were abused as a child, or you happen to be the unfortunate parent of an abused child, you can turn to law for justice.

When can a NY childhood abuse case turn into a personal injury case?

As a child-abuse related personal injury case is unique, the regular two-and-a-half-years statute of limitations will not apply to child abuse cases

As a child-abuse related personal injury case is unique, the regular two-and-a-half-years statute of limitations will not apply to child abuse cases.

When years of neglect, physical or mental torture, and sexual abuse hinders proper growth and development in a child, or leaves permanent damages to a child’s health, it is time to consult a NY personal injury attorney for a possible personal injury lawsuit against the perpetrators of such heinous misconduct.

The abusive party may be an employer, a police station, school administration, a foster home, or even a step-parent at home. Whatever may be the case, any concerned adult can bring a personal injury case as a guardian of the child. The typical physical acts that constitute child abuse are:

  • Hitting, kicking, or vigorously shaking a child
  • Inflicting burn injuries on a child
  • Continuous verbal battery affecting the child’s mental well being
  • Belittling or insulting a child
  • Sexual misconduct towards a child
  • Providing improper housing, food, and clothing to a child
  • Providing inadequate medical care to a child
  • Complete neglect and lack of supervision

What to do in case of childhood abuse?

In the worst case scenario, if an abused child has no guardian or well-wisher, then he or she may have to wait till 18 years of age. Under New York State laws, a minor is not allowed to file a legal case. Once the minor becomes 18 years old, he or she can bring a personal injury lawsuit against the perpetrators of childhood abuse in New York State.

As a child-abuse related personal injury case is unique, the regular two-and-a-half-years statute of limitations will not apply to child abuse cases. The state-defined statute of limitations granted for any other personal injury case will only be applied to the abused child once he or she becomes 18. In other words, the abused child turned adult can bring a personal injury lawsuit anytime between his or her 18th and 21st birthday.

How New York personal injury attorneys can help

The child abuse attorneys in NY are highly skilled in handling adult victims of child abuse. Thus these legal representatives take extra care not to bring back the trauma of an abused childhood while treating these special clients.

These attorneys always put the client’s interests first, and make special efforts to understand the physical, emotional, and sexual trauma that these individuals have suffered. The legal teams specializing in childhood abuse often have attorneys who serve as panelists on the Association of Personal Injury Lawyers’ Special Interest Group on Child Abuse or on the Association of Child Abuse Lawyers’ Executive Committee.

If you were the unfortunate victim of child abuse years ago, and now want to pursue a personal injury case against the guilty parties, then feel free to consult the best legal team in New York, Rosenberg, Minc, Falkoff & Wolff of RMFW Law at 212 697 9280. You will receive a completely free case evaluation with just a phone call.

RMFW Law knows how to evaluate a case. We know how to build and win cases too. We have won millions of dollars for past clients and you can be on this highly sought out list. We are not paid until you are paid!

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I referred Rosenberg, Minc, Falkoff & Wolff to a friend needing help with a birth injury & medical malpractice case. Having worked with founding partner Daniel Minc myself on a car accident case, I was sure they would be able to deliver results.

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