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5600A Broadway, Bronx, NY 10463

Boy Dies After Being Struck by a Van in Brooklyn

A boy recently died after being hit by a van in Brooklyn. According to authorities, the 12-year-old had run out into the street to chase down his soccer ball. The driver of the van was not issued any citations or taken into custody. When emergency medical services arrived at the scene to transport the boy, he was still conscious but died at the hospital not long after arrival.

When a child is injured or tragically killed, a lawsuit cannot commence without the parent or guardian of the child being included in the case, as well as the official court caption.

This is due to the intent of the legislature to protect the best interests of an infant-plaintiff. An infant, under the law, is any child under the age of 18. The legislature has deemed a child under 18 as young enough to not being able to make decisions without a parent or legal guardian. In the event of a settlement when an infant is the injured plaintiff, the legislature has even more protections and safeguards.

An attorney representing an injured infant must make an application to the court to allow the case to be settled. That application must have numerous affidavits; from the legal guardian that he/she has been advised of the settlement and that the parent agrees with the settlement and legal fee.

An affidavit from a medical doctor must also be included attesting to the infant's current medical status and future diagnosis. Lastly, the attorney of record must submit an affirmation explaining why the case should be resolved and requesting his attorney's fees and justification for same.

As can be seen, New York State takes protection of its infant citizens very seriously.

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The Law Firm of Steven I. Fried, P.C. - Bronx Personal Injury Attorney
Located at 5600A Broadway, Bronx, NY 10463.
Phone: (212) 964-5777.
Website: .