As a parent, there is nothing worse than a child’s pain. If your child has been injured due to the negligence of another party, you may feel angry, devastated, and passionate about holding the responsible party liable. Because children cannot legally file a civil action until they are 18 years of age, the state of Massachusetts allows children’s parents to bring forth a claim on their behalf. Consider the following about what you should know regarding suing on behalf of your injured child in Massachusetts, and call our law firm directly for more information—
Common Accidents and Injuries Involving Children
Children can be injured in a variety of ways, some of which may look very similar to the ways that adults sustain injuries, such as car accidents. However, children are more prone to involvement in certain types of accidents, including:
- Dog bites
- Playground accidents
- Amusement park accidents
- Trampoline accidents
- Swimming pool injuries
In addition to the above, children are often the victims of pedestrian accidents, bicycle accidents, and accidents caused by dangerous products.
Filing a Claim on an Injured Child’s Behalf
When a child is injured as a direct result of another party’s negligence, the parents or guardian of the child may have the right to pursue a lawsuit if they can prove that the at-fault party owed the child a duty of care, breached the duty of care owed to the child, and that the breach of the duty of care was the proximate cause of the child’s injuries.
If parents decide not to file a claim, the child will have until their 21st birthday to pursue a claim (three years from the time they turn 18).
Types of Damages Recoverable
A lawsuit filed on the behalf of a child can be used to seek both economic and noneconomic damages, including the value of medical expenses, property damage costs, loss of earning capacity, and pain and suffering.
Something important to know about filing a claim on your child’s behalf is that regardless of whether the claim settles out of court, it may be subject to judicial review. This means that the settlement will be subject to a review from a judge to ensure that it’s fair.
Call Tetzel Law, LLC Today
Claims involving children are often especially emotional and challenging to navigate. If your child has been harmed, our experienced personal injury lawyers want you to know that you are not alone. At the office of Tetzel Law, LLC, our lawyer will advocate for you, your child, and your family and help to seek justice for your child. To learn more about the process of filing a personal injury lawsuit on a child’s behalf, call our law firm directly or send us a message online at your convenience. You can reach us at (617) 742-1700. We offer free consultations and always work on a contingency fee basis.