A young child with dark hair tied in a ponytail is sitting at a desk, writing in a notebook. The desk is cluttered with colorful bins, papers, and a stuffed animal. The child is wearing an orange shirt and concentrating on their work.

Your worst nightmare has come true and your minor child has sustained injuries due to another party’s negligence. Because of his or her injuries, your child requires medical treatments that you might not be able to afford. But can your child sue the responsible party per the Empire State’s laws? If you need to know, please read on, then contact one of our experienced Westchester County slip and fall accident attorneys to learn if a minor can bring forward a personal injury lawsuit in the state of New York.

Is a New York minor allowed to file suit for personal injury?

The short answer to that question is, “Not on his or her own.” If your child sustained injuries in an accident, he or she does have the right to file an injury claim and even go to court. However, as long as he or she is under the age of 18, he or she is not legally allowed to enter into a contract. That means that you, as the parent or legal guardian, will have to hire an attorney on his or her behalf and sign to accept any settlement offers that he or she receives.

How does a parent or guardian file a personal injury claim on behalf of a minor in New York?

In the state of New York, parents or legal guardians can sue for two types of damages: economic damages and non-economic damages. Economic damages relate to the financial burden of the minor’s injuries including, but not limited to, the following:

  • Hospital bills
  • Doctor’s visits
  • Physical therapy
  • Any and all medical treatments

Conversely, non-economic damages relate to non-monetary damages, including:

  • Loss of enjoyment of life
  • Disfigurement
  • Pain and suffering

If your minor child has suffered in any way because of the negligence of another person or party, you should reach out to one of our skilled Westchester County personal injury attorneys to discuss your next steps.

How can a Westchester County personal injury attorney help you?

First of all, a Westchester County personal injury attorney will inform you of your rights and responsibilities as they pertain to your child and his or her case. A qualified legal representative will also collect, prepare and present the evidence needed to prove your child’s case in court. This evidence includes your child’s medical records, statements from witnesses, police reports and photos and/or videos of the accident scene. He or she will provide guidance so that you, the parent or guardian, can make informed decisions on behalf of your child. You and your child do not have to undertake this process alone. Please give us a call today.


Hausman & Pendzick effectively represent victims of negligence in Westchester County and across the state of New York. We understand how challenging life can be without financial compensation for serious injuries you have wrongly sustained. If you need a knowledgeable and skilled personal injury attorney to help you recover compensation after an accident, contact Hausman & Pendzick today.