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Buffalo Child Injury Lawyer
Compassionate, trial-ready representation for families of injured children across Western New York
According to the American Academy of Pediatrics, approximately 30 million children visit emergency departments across the U.S. every year. Children can be prone to a variety of illnesses and injuries, but when a child suffers preventable harm due to someone else’s negligence, entire families can be left hanging in the balance.
While not every accident involving a child is cause for a lawsuit, there are many situations in which another party could be considered liable for a child’s injuries and a family’s losses. In these cases, partnering with an empathetic and knowledgeable legal team can prove absolutely vital in terms of helping you move forward with the resources and support you need.
At O’Brien & Ford PC, we are committed to helping families understand their rights after preventable accidents involving children. These incidents can be traumatic for people of all ages, and Buffalo families deserve to know that someone is in their corner. We represent clients in Buffalo and throughout Western New York and go out of our way to offer individualized attention to the people who turn to us for assistance.
If your child was injured due to another party’s negligence, we would love the opportunity to learn more about your family and your case. Contact O’Brien & Ford PC today to speak to a member of our team about how we can help you advocate for your child and fight for fair compensation under New York law. There’s no cost to call, and you won’t be expected to pay any attorneys’ fees unless we recover compensation in your case.
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More than $100 million recovered in verdicts and settlements for those injured in New York.
How We Can Help
- Kinds of injuries commonly seen in children
- What are some common causes of child injuries?
- When does a child injury provide grounds for a lawsuit?
- Who can be held responsible for a child’s injuries?
- What compensation may be available?
- Why child injury cases are different
- Why work with O’Brien & Ford?
- Frequently asked questions about Buffalo child injury claims
- Talk to a Buffalo child injury lawyer today
Kinds of injuries commonly seen in children
Children can be vulnerable to many different kinds of harm in an accident scenario. Depending on the nature of the incident itself, a young person could sustain one or more potentially devastating injuries in just the blink of an eye.
As child injury lawyers in Buffalo, we handle cases involving many different kinds of child injuries, including:
- Concussions, traumatic brain injuries (TBIs), and other head injuries
- Broken bones
- Burns
- Cuts and lacerations
- Sprains and strains
- Drowning injuries
- Poisoning
- Bites and stings
- Suffocation and strangulation injuries, including choking
- Severe allergic reactions
If you’re a parent, you probably already know that kids can be incredibly accident-prone. Just because a child suffers an injury doesn’t mean that a legal battle is in your future. However, if your child sustained a serious injury due to someone else’s negligence or recklessness, you may be within your rights to pursue a claim for compensation against the party responsible.
What are some common causes of child injuries?
Children have a unique ability to unwittingly put themselves in potentially dangerous situations. That’s why the adults tasked with caring for them have a responsibility to exercise extra consideration for their well-being. When caregivers or community members fail to take steps to prevent a child from suffering foreseeable harm, the consequences can be catastrophic.
These situations can easily morph into life-changing accidents that leave children and their loved ones reeling. In our practice, we represent families whose children suffered preventable injuries in incidents like:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- School and daycare incidents
- Playground and recreational accidents
- Slip-and-fall accidents
- Dog bites and attacks
- Drownings
We also represent families whose children have been sexually abused because we recognize the lasting harm that can come from these experiences. Whether your child suffered a TBI in a car accident or is dealing with the long-term consequences of a drowning-related injury, our team can help investigate the circumstances surrounding the accident and advise you of your legal options based on the facts and evidence available to us.
When does a child injury provide grounds for a lawsuit?
If you believe that another party was responsible for your child’s injury, you may be able to pursue a claim against them if you can show that:
- They owed your child a legal duty of care
- They violated that duty of care
- Your child suffered identifiable harm
- The other party’s breach of duty directly caused or contributed to your child’s injury.
These cases can be complicated because people (and insurance companies) know that children can be particularly prone to injuries. When we take on a child injury case, one of the first things we do is conduct a thorough investigation into the accident to determine who – if anyone – could be held liable. By carefully reviewing all the facts and evidence, our team can identify the party or parties most likely responsible for a child’s injury and help our clients build the strongest possible case against them.
Our experienced child injury lawyers understand the nuances associated with establishing liability in these cases, and we work hard to leverage all the information we have available to us while advocating for our clients’ rights under the law.
Testimonials
What Our Clients Say About Us
“I cannot say enough good things about Chris Pannozzo and this law firm! From start to finish, the professionalism, communication, and dedication was exceptional. I always felt supported, comfortable, listened to, and confident that I was in good hands. My case was handled with the utmost care and attention, and I couldn’t be happier with the way everything was resolved. I would highly recommend the firm to anyone.”
“The professionalism I received from the entire staff was great. Christopher Pannozzo, Annat and John worked tirelessly to get me the justice I deserve. Even Patrice the receptionist was professional and always a joy to talk to. Thank you guys for the hard work and taking my case.”
“I highly recommend O'Brien & Ford, P.C. to anyone who has been injured and needs someone they can trust. I’m extremely thankful for everything Anant and his team did for me and for the way I was treated throughout the entire process. They were professional, knowledgeable, and always took the time to explain things clearly and answer my questions. I would highly recommend this law firm.”
Who can be held responsible for a child’s injuries?
Depending on the circumstances surrounding a case, there are many different parties who could bear or share responsibility for a child’s injuries. While many of us think of these cases as involving individuals, businesses and institutions can also be named in a child injury lawsuit if the facts suggest that their failures caused harm to a child.
Some examples of potentially liable parties in a Buffalo child injury case include:
- Drivers
- Public transportation companies
- Rideshare services
- Schools and daycares
- Nannies and babysitters
- Property owners
- Swimming pool owners or operators
- Landlords
- Dog owners
- Businesses
- Product manufacturers
It’s important to consider all possible sources of liability in a child injury case to ensure you’re covering all your legal bases. If multiple parties contributed to your child’s accident, filing claims against them can help you maximize the amount of compensation available to your family.
Even if your child was partially responsible for their own injuries, you may still be entitled to some compensation under New York State’s comparative negligence system. Outside certain motor vehicle personal injury actions, even if your child was 99% to blame for their own injuries, they may still be able to recover a portion of compensation from the at-fault party involved in the case. If your child was injured in a motor vehicle accident subject to Article 51, however, recovery may be barred if the child’s fault exceeds the fault of the party—or combined fault of the parties—from whom recovery is sought.
What compensation may be available?
Economic damages
Depending on the nature of your child’s injuries and the circumstances surrounding their accident, your child may be entitled to compensation for a variety of different losses. Many of these cases involve economic losses like medical expenses, reduced lifetime earning potential, long-term rehabilitation costs, and more.
Non-economic damages
Some cases also involve losses that are harder to quantify. Non-economic damages may be awarded to a victim for things like emotional distress, reduced quality of life, pain and suffering, disfigurement, and loss of limb, among other things. While it’s nearly impossible to put a dollar amount on the personal side of a victim’s losses, pursuing compensation for these hardships can provide funds to address the child’s past, present, and future challenges.
Future damages can be particularly crucial in child injury cases, as young people are still growing and may be permanently affected by a catastrophic injury. Our team works with professionals like life care planners, vocational experts, economists and medical providers to evaluate the impact a child’s injury may have on their future performance in work, school and life in general. We use this information to guide our damages calculations and help us present a clear and compelling case in court.
Why child injury cases are different
Child injury cases differ from other personal injury cases because minors generally cannot pursue legal action independently. Instead, their parents or legal guardians are often tasked with pursuing claims on their behalf. Keep in mind, however, that the child’s claim is separate from any claim their guardian may pursue. This means it is possible, in some cases, for a parent to recover compensation for certain medical expenses or other losses and to file a separate claim for compensation on behalf of their injured child.
In cases involving children, settlements generally must be reviewed and approved by a court in order to protect the child’s best interests. Without this oversight, a parent could conceivably rush to accept a substandard settlement offer on their child’s behalf. To further protect the child’s interests, the court may require that the proceeds from their case be placed in a restricted account or handled through another approved arrangement. Because children cannot make their own financial decisions, the court imposes guardrails to safeguard against exploitation and other financial risks.
Additionally, determining fault in child injury cases can be more complicated because children generally can’t be held to the same reasonable conduct standards as adults. When weighing the responsibility of a child who is capable of negligence for their own injuries, the judge or jury must consider their behavior relative to other children of similar age, intelligence, experience, and developmental progress. These considerations become particularly important in cases involving comparative negligence, as insurance companies or alleged at-fault parties may attempt to inflate a child’s level of responsibility by applying an improper standard.
Why work with O’Brien & Ford?
When a child falls victim to a preventable accident, it can trigger a ripple effect with serious implications for multiple people’s lives. Children are vulnerable, and their families deserve access to caring, reliable legal support in moments of struggle. At O’Brien & Ford PC, we understand just how important it is for members of our local community to have someone to call on when their physical, emotional, and financial security are at stake.
We pride ourselves on offering legal services to Buffalo residents of all ages and abilities, and we believe our clients deserve responsive, empathetic support throughout every step of the legal process. We know your time is valuable. That’s why you’ll be connected with one of our attorneys within two minutes of calling our office – we promise.
If your child has suffered a serious injury, we know that you have enough on your plate already without added fears about costly attorneys’ fees. To help offset these concerns, our team works on a contingency fee basis, which means you won’t be required to pay any attorneys’ fees unless we recover compensation in your case. We want our work together to be a source of relief for you – not an added stressor – and we will do whatever we can to provide the proactive, person-first care you deserve.
Visit Us
Do you have a child injury lawyer near me?
O’Brien & Ford PC has two offices in Buffalo to make it easy for our local clients to interact with us face-to-face. You can find us at 4549 Main St., Suite 201, and 701 Seneca St., Suite 208.
O’Brien & Ford, P.C.
4549 Main Street, Suite 201
Buffalo, NY 14226
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701 Seneca Street, Suite 208
Buffalo, NY 14210
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Frequently asked questions about Buffalo child injury claims
Can I file a lawsuit on behalf of my child?
In most cases, a parent or other approved representative can pursue a personal injury claim on behalf of a child. Since children generally cannot pursue their own claims, they rely on their legal guardians to advocate for their interests after an accident.
Can a school or daycare be held responsible for my child’s injury?
How long do we have to file a claim?
Talk to a Buffalo child injury lawyer today
If your child was injured in a preventable accident, we can hardly even begin to imagine the stress you are under. During this difficult time, you deserve to know that someone is advocating for your child and working to ensure your voice is heard. When you work with the child injury lawyers at O’Brien & Ford PC, you get access to a legal team who knows your name and cares about your story.
Give us a call today or stop by one of our local offices at 4549 Main St., Suite 201, or 701 Seneca St., Suite 208, to schedule a free consultation with a Buffalo child injury attorney. While we can’t turn back time and shield your child from harm, we can do everything in our power to help you move forward with confidence and clarity.