Can You Sue on Behalf of Your Injured Child in Massachusetts?
There is nothing more traumatic for a parent than an injury to their child. Many parents question the proper course of action after their child suffers a personal injury. When a child is injured because of another person’s negligent actions, the effects can be even more devastating.
You can sue on behalf of your injured child in Massachusetts. If you choose not to, a victim has three years after they turn 18 to file a lawsuit related to an injury that occurred while they were a minor. Lastly, in some cases, parents may bring a separate cause of action seeking damages for the loss of affection and companionship stemming from their child’s injury.
If your child was injured because of another person’s negligent behavior in Massachusetts, get help pursuing the financial compensation available to you. Contact our experienced Massachusetts personal injury lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407 for a free case review.
Suing on Behalf of Your Injured Child in Massachusetts
Minors are considered to lack the mental capacity to bring a lawsuit to court on their own. Accordingly, a parent may file a lawsuit on behalf of their minor child at any point until the child turns 18. Parents will be able to recover a variety of economic and non-economic damages on behalf of their child. Some injuries may never heal, but the financial compensation awarded in a personal injury claim can provide crucial support to a victim and their family during periods of hardship.
Furthermore, Mass. Gen. Laws Ch. 260, § 7, a victim has three years after turning 18 to file a lawsuit related to injuries that happened while they were a minor. After this deadline has passed, injured parties may be unable to recover compensation for injuries that occurred while they were a child.
Still, you should contact our experienced Massachusetts personal injury lawyers as soon as possible after your child suffers a harmful accident. Crucial evidence can become hard to gather and preserve as time goes by. For example, important witnesses may leave town and relevant financial documents may become lost. Accordingly, you should contact our team as soon as possible after your child suffers an injury, so we may begin working on your case right away.
Can Parents Sue When Their Child is Hurt in Massachusetts?
Under Mass. Gen. Laws Ch. 231, § 85X, parents may bring a separate cause of action for a loss of consortium related to their child’s injuries. A loss of consortium can be defined as the loss of services, society, affection, and companionship. The impact of such a loss can the hard to quantify. Still, the detrimental impacts on a victim’s parents can be immense.
For a parent to have a legal cause of action for loss of consortium, their child must have been dependent on them at the time of the accident at issue. Damages for loss of consortium will only be awarded in cases where children suffered particularly serious injuries. Our experienced Boston personal injury lawyers can help determine if these damages may be awarded in your case during a free case review.
Common Causes of Children’s Injuries You Can Sue for in Massachusetts
When a child is injured because of another person’s negligent actions, the child’s parents can hold the at-fault party responsible. The following are common causes of children’s injuries you can sue for in Massachusetts:
Dog Bites
Dog bites are a common cause of children’s injuries. Children can incur serious harm because of a dog bite. Victims often suffer deep cuts and lacerations. In more severe cases, broken bones can occur. Smaller children are more susceptible to suffering catastrophic harm.
Fortunately, dog owners in Massachusetts can be held responsible for injuries caused by their pet. Dog owners are strictly liable for dog bites unless the victim was trespassing, teasing, or abusing the animal. Furthermore, children under the age of 7 are presumed to have committed none of those acts, but that presumption may be refuted. If your child was injured because of a dog bite, our experienced Middleton personal injury lawyers can help recover the compensation you deserve.
Bicycle Accidents
Bicycle accidents are another common cause of children’s injuries you can sue for. Children that are struck by vehicles while riding their bicycles can incur severe and even fatal injuries. The following are common forms of negligent behavior committed by motorists that lead to bicycle accidents:
- Distracted driving
- Running red lights
- Speeding
- Improper left turns
- Drunk driving
- Reckless driving
Negligent drivers can be held liable for bicycle accidents they cause. You can reach out to our Revere personal injury lawyers for help filing suit against a careless motorist. Our team can help investigate the cause of your accident and pursue monetary damages related to your child’s injuries.
Drowning Accidents
Furthermore, drowning accidents are a common cause of children’s injuries you can sue for. Drowning accidents often occur in pools at private residences, hotels, gyms, and other facilities. When property owners act negligently, serious drowning accidents can occur. Accordingly, property owners may be held liable for drowning accidents that occur on their premises.
There are many forms of negligent behavior that can lead to drowning accidents. For example, a child may fall into a pool because a property owner did not restrict access to the pool through locked gates or doors. Furthermore, a drowning victim may suffer devastating harm because a property owner did not hire a lifeguard or provide emergency safety equipment. If your child suffered a drowning accident because of another person’s negligent behavior, our Saugus personal injury lawyers can help navigate the road to recovery.
If Your Child Was Injured Because of Another Person’s Negligent Actions in Massachusetts, Our Lawyers Can Help
If your child was injured because of another person’s negligent actions, seek guidance and support from our experienced Stoughton personal injury lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407 for a free case review.