Philadelphia PA Child Injury Lawyer

By Ken Fulginiti | Founder, Fulginiti Law

When a child suffers an injury because of someone’s negligence, the emotional and financial toll on the whole family can be overwhelming. As a parent, you place immense trust in caregivers, schools, daycare centers, medical professionals, and product manufacturers to keep your child safe. When that trust is broken by careless actions or oversight, the consequences can be devastating — and I’ve spent my career making sure families like yours don’t face those consequences alone.

We help families navigate the complex legal landscape of child injury claims so injured children get the justice, compensation, and care they deserve. Between mounting medical bills, long-term treatment needs, and uncertainty about your child’s future, no family should bear this burden alone. We take a compassionate yet aggressive approach: holding negligent parties accountable and fighting for the maximum compensation available under the law.

Get a free case evaluation. If your child has been injured due to negligence, contact us today. We’ll assess your case, explain your legal rights, and outline the best course of action to secure justice for your child.

NEED HELP WITH CHILD INJURY IN PHILADELPHIA PA?
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215-774-5162

Why Choose Fulginiti Law for Your Child Injury Case?

• Experience and proven results: Choosing a legal advocate for your child’s injury case is a significant decision. We are known for our extensive experience in child injury litigation, our track record of successful settlements and verdicts, and our compassionate handling of sensitive cases.
• Personalized representation: We know your family is going through an emotionally difficult time, so we give every client personalized, one-on-one attention — from investigating the cause of the injury and collecting evidence to negotiating with insurance companies and, if necessary, taking the case to trial.
• No upfront fees: We work on contingency, so there are no upfront costs. You pay nothing unless we recover compensation for your child.

Types of Child Injury Cases We Handle

Children are especially vulnerable to injury in many settings. We handle cases involving schools, daycare centers, playgrounds, medical malpractice, car accidents, defective products, dog bites, and youth sports.

School and Daycare Injuries

When you send your child to school or daycare, you trust that teachers, caregivers, and staff will prioritize safety. Unfortunately, negligence in these environments causes serious injuries. Common causes include:

• Lack of supervision, leading to falls or fights between children
• Hazardous playground equipment that is broken or improperly maintained
• Unsafe premises, including slippery floors or unprotected electrical outlets
• Physical or emotional abuse by staff members
• Negligence in responding to medical emergencies

Schools and daycares have a legal duty to protect the children in their care. When they fail, we investigate thoroughly and hold the responsible parties accountable.

Playground and Recreational Injuries

Children are hurt on playgrounds because of poorly maintained equipment, lack of supervision, or hazardous conditions. Typical injuries include broken bones from falls off unsafe climbing structures, concussions where impact-absorbing surfaces are missing, and cuts or burns from defective equipment — injuries that can have long-term consequences for a child’s mobility, cognitive function, and well-being.

Pediatric Medical Malpractice & Birth Injuries

Medical errors involving children can have lifelong consequences. Pediatric malpractice happens when a healthcare professional fails to meet the accepted standard of care, causing preventable harm. Common cases include: When the injury happens during labor or delivery, families can consult a Philadelphia birth injuries lawyer about errors by the medical team.

• Birth injuries such as cerebral palsy, Erb’s palsy, or brain damage
• Surgical errors that cause long-term disability
• Failure to diagnose or misdiagnosis of serious conditions
• Medication errors, including incorrect dosages or harmful drug interactions

We work with top medical experts to evaluate these claims and build strong cases — because a child harmed by medical negligence needs resources for a lifetime, not a quick settlement.

Car Accidents Involving Children

Motor vehicle crashes are a leading cause of injury among children — as passengers, pedestrians, or bicyclists. Contributing factors include distracted drivers who fail to yield in crosswalks, poorly designed crossings near schools and parks, and defective car seats or seat belts that increase injury severity. The road to recovery takes a toll on the entire family, and we pursue claims aggressively against negligent drivers, insurers, and every other responsible party.

Defective Products and Toy-Related Injuries

Parents rely on manufacturers to make safe toys, car seats, cribs, and strollers. When a product is defective or fails to meet safety standards, children get hurt — choking hazards from small detachable parts, lead poisoning from toxic materials, faulty car seats and cribs that cause suffocation or head injuries. If your child was injured by a defective product, we hold the manufacturer, distributor, or retailer accountable.

Dog Bite Injuries

Children suffer the most serious dog bites — often facial injuries, scarring, and lasting trauma. Both Pennsylvania and New Jersey have laws holding dog owners responsible, and we pursue full compensation, including scar revision and counseling.

Youth Sports Injuries

When leagues, coaches, or schools ignore concussion protocols, use unsafe equipment, or push children beyond safe limits, they can be held liable — as can manufacturers when defective helmets or gear fail to protect young athletes.

How Child Injury Claims Are Different

Child injury claims follow special rules:

• A parent or guardian brings the claim. A minor cannot file a lawsuit in their own name, so a parent or court-appointed guardian acts on the child’s behalf.
• Settlements typically require court approval. In Pennsylvania and New Jersey, a judge usually must review and approve any settlement of a minor’s injury claim, to make sure the amount is fair and the child’s interests are protected.
• The money is protected. Courts commonly require a child’s settlement funds to be placed in a restricted account or structured settlement that preserves the money until the child reaches adulthood — so it’s there when they need it most.
• Future needs drive the valuation. A child’s injuries must be valued over an entire lifetime: future surgeries as the child grows, years of therapy, special education, and diminished earning capacity decades from now.

These protections exist for good reason, but they make child injury cases procedurally complex — which is why experienced counsel matters.

Compensation for Child Injury Cases

When a child is injured by negligence, families face overwhelming medical costs, emotional distress, and financial strain. A claim can cover:

• Medical expenses: Hospital stays, surgeries, specialist visits, prescriptions, and long-term treatment.
• Rehabilitation and therapy: Physical, occupational, and speech therapy, plus counseling to help your child regain function and emotional stability.
• Pain and suffering: Physical pain, emotional trauma, anxiety, and loss of enjoyment of life — especially where long-term disability is involved.
• Parental lost wages: Income lost when a parent must leave work to care for an injured child.
• Future expenses and long-term care: Lifelong medical care, home modifications, special education, and assistive devices.
• Punitive damages: In cases of gross negligence or intentional harm, courts may award punitive damages against reckless drivers, abusive caregivers, or negligent corporations.

We negotiate aggressively and take cases to trial when necessary, working with medical and financial experts to make sure every future cost — including costs that won’t arise until your child is grown — is accounted for.

Proving Negligence in Child Injury Cases

We must show that someone’s carelessness caused your child’s injury: a school that violated its duty of supervision, a driver who broke traffic laws, a doctor who fell below the medical standard of care, or a manufacturer that sold an unreasonably dangerous product. These cases often turn on expert testimony — childcare standards experts, accident reconstructionists, pediatric specialists, product-safety engineers — plus documentation of the full impact on your child, from medical records to school performance.

How to File a Child Injury Claim

If your child was injured by negligence, the typical steps are:

1. Seek medical care. Your child’s health comes first, and medical records are key evidence.
2. Gather evidence. Photos of the injury and scene, medical reports, witness statements, and incident reports.
3. Determine who is responsible. Liability may fall on a school, daycare, driver, doctor, manufacturer, or property owner.
4. Consult a child injury lawyer. These claims involve special rules for minors. We handle the paperwork, investigations, and negotiations — free consultations, no upfront cost.
5. File the claim. We pursue compensation from the responsible parties and their insurers.
6. Settle or go to trial. Most cases settle, but we are fully prepared to try your case — and any settlement for your child will be presented to the court for approval.

Deadlines for Child Injury Claims in Pennsylvania and New Jersey

Filing deadlines work differently when the injured person is a minor, and the rules are complex — they vary by claim type, defendant, and the child’s age. Claims against government entities and school districts can have very short notice requirements, and missing a deadline can end the case permanently. Parents should speak with a lawyer as soon as possible — don’t wait to find out which deadline applies to your family. Young athletes hurt by unsafe conditions or negligent supervision may also have a claim, and a Philadelphia sports injury lawyer can evaluate what happened.

QUESTIONS ABOUT CHILD INJURY?
GET A FREE CONSULTATION.

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215-774-5162

Frequently Asked Questions (FAQs) About Child Injury Claims

How do I know if I have a valid child injury claim?

A valid claim exists if your child was harmed because someone else was negligent — a school, daycare, medical professional, driver, or product manufacturer. We evaluate whether negligence directly caused the injury and whether damages like medical bills, pain, or emotional trauma resulted. Sources: CDC childhood injury data (cdc.gov); Safe Kids Worldwide (safekids.org).

What compensation can I recover for my child’s injury?

Compensation may cover medical expenses, surgeries, rehabilitation and therapy, emotional distress, pain and suffering, parents’ lost wages, and future medical or educational needs. In cases of gross negligence, punitive damages may also be available. Sources: Safe Kids Worldwide; U.S. Consumer Product Safety Commission (cpsc.gov).

How long do I have to file a child injury claim?

Deadlines for minors’ claims work differently than adult deadlines, and the rules are complex — they depend on the claim type, the defendant, and the child’s age. Claims against public schools or government entities can have especially short notice requirements. Speak with a lawyer promptly so no deadline is missed. Sources: 42 Pa.C.S. § 5524 (PA general personal injury deadline); N.J.S.A. 2A:14-2 (NJ general personal injury deadline).

What if my child was injured at school or daycare?

Schools and daycare facilities have a duty to provide a safe environment. If your child was hurt because of inadequate supervision, unsafe premises, or staff negligence, you may have a claim against the institution. Claims against public schools can involve governmental immunity rules and short notice deadlines, so get legal advice quickly. Sources: CDC; American Academy of Pediatrics school health guidance (aap.org).

Can I still recover if my child was partially at fault?

Often, yes. Both Pennsylvania and New Jersey follow comparative-fault rules, meaning compensation may still be available even if your child was partly responsible — though the recovery can be reduced based on the degree of fault. A lawyer can assess how these rules apply to your case. Sources: 42 Pa.C.S. § 7102 (PA comparative negligence); N.J.S.A. 2A:15-5.1 (NJ comparative negligence).

Who files the lawsuit when a child is injured?

A minor cannot sue in their own name, so a parent or court-appointed guardian brings the claim on the child’s behalf. Any settlement reached must then typically be reviewed and approved by a court to protect the child’s interests. Sources: American Academy of Pediatrics; Safe Kids Worldwide.

Does my child’s settlement need court approval?

In most cases, yes. Courts in Pennsylvania and New Jersey typically must approve settlements of a minor’s injury claim, and the funds are usually placed in a restricted account or structured settlement until the child reaches adulthood. This protects the money from being spent before your child can benefit from it. Sources: PA Rules of Civil Procedure; NJ Court Rules (general minor-settlement procedures).

What should I do right after my child is injured?

Get medical care immediately — even if the injury seems minor, some symptoms appear later. Document everything: photos of injuries and the scene, incident reports, and witness names. Keep all medical records and receipts, and don’t give a recorded statement to an insurer before speaking with a lawyer. Sources: CDC; American Academy of Pediatrics (aap.org).

Can I recover my child’s future medical and educational costs?

Yes. A child’s claim should account for an entire lifetime of needs: future surgeries as the child grows, ongoing therapy, special education services, assistive devices, and diminished future earning capacity. We work with pediatric specialists and economists to document these future costs. Sources: CDC; Safe Kids Worldwide.

What does it cost to hire a child injury lawyer?

Fulginiti Law handles child injury cases on contingency — no upfront fees, and you pay nothing unless we recover compensation for your child. The fee is a percentage of the recovery, explained transparently before you sign anything. Sources: Pennsylvania Rules of Professional Conduct, Rule 1.5 (contingency fee agreements); NJ Rules of Professional Conduct, Rule 1.5.

Contact Fulginiti Law Today

If your child has been injured because of someone else’s negligence, we are here to help. We advocate for injured children and their families, making sure they get the legal support and financial compensation they need — now and for the future your child deserves.

Contact us today for a free consultation. Let us fight for justice on behalf of your child and ensure their rights and future are protected.

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