Child Injuries
Child Injury Claims in New York: A Parent's Guide to Your Rights
Jonathan Fuzailov, Esq.
August 31, 2026 · 4 min read
Children's injury claims follow different rules — longer deadlines, court approval of settlements, and claims against schools with 90-day notices.
The deadline is longer — but don't wait
New York tolls the statute of limitations for minors, so a child generally has until three years after their 18th birthday to sue. But evidence fades, and claims against schools or municipalities still require a notice of claim within 90 days — that deadline is not tolled.
Settlements need court approval
A child cannot legally settle a claim. Any settlement must be approved by a judge through an infant compromise order, and the money is typically held in a restricted account or structured settlement until the child turns 18.
Common child injury claims
Playground and school injuries, daycare negligence, dog bites, defective toys and products, car accidents, and injuries from unsafe premises. Children are held to a lower standard of care for their own conduct — very young children generally cannot be found negligent at all.
The parents' separate claim
Parents have their own derivative claim for the child's medical expenses and, in some cases, loss of services. Both claims are usually brought together in one action.
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