Our Verdicts and Settlements
$2,500,000
Settlement at trial for negligent road design
$2,400,000
Settlement at trial for a construction worker
$1,750,000
For a student injured at school
$1,300,000
For a motorcyclist
$1,200,000
Verdict for Car Crash Victim
$1,000,000
For a motorcyclist
$950,000
For car crash victim
Types of Child Injury Cases We Handle in Amherst, NY
Falls are the leading cause of injury-related emergency room visits for children, at 54 visits per 1,000 children ages 1 to 4 and 28 per 1,000 children ages 5 to 14, according to the federal America’s Children report, with being struck by an object and animal bites close behind. Most of those injuries are accidents in the ordinary sense. The ones that involve negligence share a common thread: a child was somewhere they were supposed to be safe, and someone responsible for that safety fell short.
In Amherst, that responsibility is spread across three public school districts, dozens of licensed daycares, Town-run camps and recreation programs, private sports leagues, and the ordinary homes, stores, and roads where children spend their days. Our child injury attorneys represent Amherst families in cases involving:
- School injuries
- Daycare and preschool injuries
- Child injuries in car accidents
- School bus accidents
- Child pedestrian and bicycle accidents
- Swimming pool accidents and drownings
- Trampoline, bounce house, and playground injuries
- Youth sports injuries
- Dog bites and animal attacks
- Burn and scald injuries
- Defective children’s products
- Lead exposure injuries
- Medical malpractice
- Summer camp and recreation injuries
- Wrongful death claims
A child injury case can involve more than one potentially responsible party. Depending on what happened, liability may fall on a school, daycare, property owner, driver, manufacturer, healthcare provider, municipality, or another party. An Amherst child injury lawyer can investigate who owed your child a duty of care, identify the applicable insurance coverage, and preserve incident reports, video, and witness evidence before it disappears.
Why Amherst Families Choose Hiller Comerford Injury & Disability Law
A child’s case is judged twice: first by the insurer or jury that values it, and then by the judge who must approve any settlement as being in the child’s best interest. From our main office at Amherst Development Park, 6000 N. Bailey Ave., Suite 1A, our 48 attorneys and 240-person team bring more than 27 years of litigation experience, over 300 years of combined legal experience, and nearly 20,000 clients served to both halves of that process.
We Handle the Court Approval Required for a Child’s Settlement
In Amherst, New York, no settlement on behalf of a minor is final until a judge reviews it and issues an infant’s compromise order. That means a petition, an accounting of medical expenses and liens, a proposal for how the funds will be held or structured, and often a court appearance. We prepare all of it, so the process protects your child rather than delaying their recovery.
We Plan for Your Child’s Long-Term Future
A growth-plate fracture, permanent scar, or traumatic brain injury can affect a child long after the initial treatment ends. We work with medical and financial experts to evaluate how an injury could affect your child’s education, future earning capacity, medical needs, and quality of life. Where appropriate, we also consider structured settlements and other options for protecting the child’s compensation and eligibility for public benefits.
A Proven Record That Includes Injured Students
Our results include a $1.75 million recovery for a student injured at school. Every child injury case is different, and past results do not guarantee a future outcome. Our personal injury attorneys in Amherst, NY, prepare each claim with the evidence and damages needed to pursue a fair result from the responsible party and insurer.
We Have a No-Fee Guarantee
You never pay us upfront. We only get paid if we win for you, so our success is directly tied to yours.
Free Case Evaluation
Speak with a lawyer at no cost. We’ll review your situation, explain your options, and help you understand the best path forward.
You’re More than a Case
We treat every client like family, taking the time to understand your story and guide you through every step with care and compassion.
What Compensation Can a Family Recover in an Amherst Child Injury Claim?
A child injury case usually involves two claims running side by side: the child’s own claim for their injuries, brought by a parent as natural guardian, and the parents’ separate claim for the costs they have carried. Depending on the facts, your child injury lawyer in Amherst may pursue:
- The child’s pain and suffering: Compensation for the physical pain, fear, and emotional trauma of the injury and its treatment, which can be significant for a child who does not fully understand what is happening to them.
- Future medical care: Surgeries that must wait until a child stops growing, scar revision, orthodontic or reconstructive work, physical therapy, and ongoing treatment for lasting conditions.
- Scarring and disfigurement: Compensation for permanent marks, particularly on the face, which children carry through every stage of school and social life.
- Loss of enjoyment of life and developmental impact: The activities, sports, and milestones an injury takes away, along with its effect on learning and development.
- Future lost earning capacity: For serious or permanent injuries, the reduced ability to work and earn as an adult, projected with expert help.
- Parents’ medical expenses: The bills already paid and those still coming, which in New York are the parents’ legal responsibility while the child is a minor.
- The value of care provided at home: The reasonable value of nursing and attendant care a parent provides during recovery.
- Counseling and educational support: Therapy for the child and, in some cases, tutoring, special education services, or other supports made necessary by the injury.
Insurers often push to settle a child’s case within months, before anyone knows whether a growth plate fracture will affect a limb’s development or how a scar will change as the child grows. Because a settlement approved by the court is final, accepting an early offer can close the door on care your child will not need for years. Our child injury lawyers in Amherst can help your family wait until the medical picture is clear enough to value the claim properly.
"We fight for our clients as if they were family—taking cases to trial when necessary to ensure they receive the justice and financial recovery they deserve."
How Can a Child Injury Attorney at Hiller Comerford Help?
From your first call through the court’s approval of your child’s settlement, our attorneys manage the investigation, the insurance claims, and the legal filings so you can be present for your child.
✓ Securing the records that show what happened: We obtain school incident reports and records relating to complaints or incidents covered by the Dignity for All Students Act, daycare inspection histories from the Office of Children and Family Services where applicable, Amherst Police reports, and surveillance footage before it is overwritten.
✓ Identifying every responsible party: A school district, daycare operator, property owner, product manufacturer, driver, or homeowner may owe your child a duty of care, and more than one party may share responsibility.
✓ Finding the insurance that actually applies: Insurance coverage may come from a homeowner’s policy after a playdate injury, a daycare’s liability policy, a school district’s coverage, or an auto policy. We identify every policy that may apply to your child’s injury.
✓ Meeting the short deadlines that apply to public entities: Claims against the Town of Amherst, Erie County, or a public school district may require a Notice of Claim within 90 days, depending on the defendant and type of claim. Claims involving state entities such as the University at Buffalo can follow different procedures and may be subject to the jurisdiction of the Court of Claims.
✓ Building the medical and developmental record: We work with your child’s treating providers, including pediatric specialists at Oishei Children’s Hospital, and retain experts to document long-term effects that are not obvious today.
✓ Protecting your family’s No-Fault benefits in a car accident case: Written notice of a No-Fault claim is generally required within 30 days, and a parent or other legally authorized representative may submit the claim on the child’s behalf.
✓ Negotiating for full value and preparing for trial: We evaluate every offer against the lifetime cost of your child’s injury and prepare each case as though it will be tried before an Erie County judge or jury.
✓ Handling the infant’s compromise petition: We prepare the court filings, address applicable medical liens, and propose how the settlement should be held or structured to protect your child’s interests.
Children cannot advocate for themselves in this process, and parents dealing with a hurt child should not have to become experts in it. Our job is to carry the legal side of your child’s recovery from beginning to end.
What Injuries Are Eligible for Compensation in a Child Injury Claim?
You may have a claim when your child’s injury was caused by someone else’s negligence or wrongful conduct. Common compensable injuries include:
- broken bones
- burns
- serious cuts and scarring
- head and traumatic brain injuries
- spinal injuries
- internal injuries
- injuries requiring surgery or ongoing treatment
Psychological harm may also be part of a claim when supported by the circumstances and medical evidence. The severity of the injury, its long-term effects, and the cost of future care can all affect the compensation available for your Amherst child injury claim.
Ida and Stephanie were great! They kept me posted about my case. They provided documents for my doctors to fill out so I had as much medical records as I could! Stephanie represented me in the Judge appeal and was great asking me questions about my disability and helping me convey those disabilities to the judge! I’m so grateful ☺️ for their help! Highly recommend them!
Working with Hiller Comerford was easy. They took care of everything and their communication was exceptional. I’ve already referred others to them.
Seriously grateful to my attorney, Ryan Taylor. I spent years trying to navigate VA disability on my own and they managed to finally make headway where I could not.
Everyone I spoke with and worked with was extremely kind and had great communication also they were compassionate,they worked very diligently to help me and kept me well informed throughout the process I couldn't thank them enough.
I would like to extend my heartfelt appreciation to Hiller Comerford Injury & Disability Law for their exceptional support and guidance throughout my disability benefits process. Their expertise and dedication made an overwhelming situation feel manageable, and they ensured every step was handled with care and clarity. I am truly grateful for their assistance and highly recommend their services.
My lawyer RyanTaylor was amazing. He told me exactly how the process goes, what to expect and how long it realistically would take. He was able to get for me exactly what I had tried twice to do myself but was rejected by the VA for. I will recommend all my Veteran friends to him.
Hard workers, always looking at the positive side of the case and always listening to the client. Only down remark is hard to get calls back.
Hiller Comerford have been amazing. They got me a fully favorable decision on my disability claim, I could have never been able to do that on my own. Everyone in their office is so kind and so knowledgeable. They really helped make a difficult time of my life a pleasure. Thank you so much Hiller Comerford!!!
The firm understands the situation, and are very acknowledged about the social security laws and guidelines. Staff were very friendly. The attorney that represented me was Charles Gaughan and the case manager was Olivia Fritzen. They did a wonderful job with my representation for my case. I would highly recommend The law firm of Hiller and Comerford.
How Long Does a Family Have to File a Child Injury Claim in Amherst, NY?
New York statute of limitations generally gives an injured child additional time to bring a personal injury lawsuit because of the child’s age. For a standard three-year negligence claim, that can mean the lawsuit may generally be filed until the child turns 21. Important exceptions and shorter deadlines apply:
- Public school districts, the Town of Amherst, and Erie County: A Notice of Claim is generally required within 90 days of the incident. Although courts may permit a late notice in some circumstances involving a child, families should not rely on that exception.
- State facilities, including SUNY campuses: Claims against New York State are subject to separate Court of Claims rules and deadlines, which can be much shorter.
- Medical malpractice: The infancy extension is limited for medical malpractice claims. The claim generally remains subject to the two-year-and-six-month medical malpractice statute of limitations and cannot be extended by infancy beyond 10 years after the malpractice.
- Car accidents: Written notice of a No-Fault claim is generally required within 30 days of the crash.
Because the longest deadline in a child’s case can be years away while the shortest can be weeks, the safest step is to have a child injury lawyer near you at Hiller Comerford Injury & Disability Law review the facts early and calendar every deadline that applies.
Frequently Asked Questions
Below are answers to the questions we hear most often from Amherst parents. For guidance specific to your child’s situation, contact us today for a free case evaluation.
What should I do if my child is injured in Amherst, NY?
Get your child seen by a doctor the same day, even if the injury looks minor, since children often cannot describe symptoms and concussions or internal injuries may not show right away. Ask the school, daycare, or property owner for a written incident report, take photos, get witness names, and keep any product involved. If police responded, request the Amherst Police report. The best advice we can give is to call a child injury lawyer before speaking with any insurer. Recorded statements and admissions of fault can later be used to assign blame.
How much does a child injury lawyer in Amherst cost?
Nothing upfront. We handle child injury cases on a contingency fee basis, and in a child’s case, an Erie County judge reviews the attorney’s fee as part of approving the settlement. The case evaluation is free, and if it is hard to bring your child to our Amherst office, we will meet you somewhere that works for your family.
What is my child injury claim worth in Amherst, NY?
There is no set value for a child injury claim. It depends on the severity and permanence of the injury, the care your child may need as they grow, the impact on their life and development, how clearly fault can be shown, and the insurance available. A court must also review and approve any settlement on your child’s behalf. We can evaluate the specific factors in your child’s case and explain what a fair result should account for.
What happens to the settlement money in a child’s case?
A judge must approve any settlement for a minor through an infant’s compromise order. The funds are typically held in a court-supervised account until the child turns 18, placed in a structured settlement that pays out into adulthood, or, for a child with lasting disabilities, put in a supplemental needs trust to protect Medicaid and other benefits. We prepare the petition and propose the structure that best protects your child.
Can the other side blame my child for the accident in Amherst?
They may try, but New York judges a child by what is reasonable for a child of that age and experience, and children under four are generally considered incapable of negligence. Older children can be assigned a share of fault, which reduces compensation. For motor vehicle claims filed on or after May 26, 2026, New York’s new comparative fault rule can bar recovery if the injured person’s fault exceeds the defendants’ combined fault, so an accurate early account of the crash matters.
Who is responsible when a child is hurt at school or daycare in Amherst?
New York schools must provide adequate supervision, using the care a reasonably prudent parent would under similar circumstances. A school may be liable when inadequate supervision or a known hazard contributes to an injury. Daycares are regulated by the New York State Office of Children and Family Services, and inspection records may help establish negligence. Claims against public school districts generally require a Notice of Claim within 90 days.
