Who Can File a Personal Injury Claim on Behalf of a Child in Massachusetts?
Published in Personal Injury on June 12, 2023
Reading Time: 3 minutes
As a parent, nothing is more upsetting than learning that your child has been harmed due to another party’s negligence. If your child has been injured in an accident caused by negligence, you have the right to file a personal injury claim on their behalf. By filing a personal injury claim for your child’s injury, you can help get them justice while holding the liable party responsible.
At Sweeney Merrigan Personal Injury Lawyers, we have 45 years of experience and offer award-winning representation to clients whose children have been harmed in personal injury accidents. We believe that no one should have to go through the Massachusetts personal injury claims process alone after their child has suffered due to another party’s negligence. Call 617-391-9001 or fill out our contact form to request a free consultation and get justice for your child’s injury.
Are You Eligible to File a Personal Injury Claim After Your Child Is Injured?
Since minors are considered to lack the mental capacity to bring a lawsuit on their own, you may be wondering what can be done to get justice for your child’s personal injury accident. As their parent, you may file a lawsuit on their behalf at any point until they turn 18 years old. After you file a personal injury claim on your child’s behalf, you may be eligible to recover various damages depending on the specific details of your child’s case. The damages you may be eligible to collect for your child’s personal injury claim include:
- Medical expenses
- Lost wages
- Lost earning potential
- Property damage
- Pain and suffering
While financial compensation may not make up for your child’s injuries and suffering, these damages can provide crucial support to you and your family as they recover through this difficult time. When you work with a trusted personal injury lawyer, they can help you through each step of the personal injury claims process and ensure that you are able to negotiate for the fair compensation your child deserves.
When you work with our team of Massachusetts personal injury lawyers, you will receive dedicated representation from lawyers like Erin E. McHugh. Attorney McHugh is a proud member of the Massachusetts Academy of Trial Attorneys and the Boston Bar Association.
How Can You Prove Liability in Your Child’s Personal Injury Claim?
In Massachusetts, victims of personal injury accidents have up to three years from the date of the incident to file their claim and pursue justice. While this may seem like a substantial amount of time, the claims process can be lengthy, so it is best to begin filing your claim as soon as possible.
One of the first steps you should take after your child has been injured in a personal injury accident is to identify the liable party and collect the evidence necessary to prove they are at fault. To prove liability in your child’s injury case, you must provide evidence of the four factors of negligence:
- The liable party owed your child a duty of care
- The duty of care owed to your child was breached
- This breach of duty led to the accident that caused your child’s injury
- You and your child suffered losses as a result
For help collecting the evidence needed to prove the liable party’s negligence in your child’s personal injury claim, contact a Massachusetts lawyer today.
Get Help Filing Your Child’s Massachusetts Personal Injury Claim Today
Sweeney Merrigan Personal Injury Lawyers is a Massachusetts personal injury law firm with experience helping victims of personal injury cases receive justice. Our trusted lawyers have over 100 years of combined experience helping clients build a strong claim to help them get fair compensation for their childrens’ personal injury claims.
Our experienced legal team will fight for the compensation you and your child deserve, ensuring the party who harmed your child is held responsible. To schedule a free consultation with one of our Massachusetts personal injury lawyers, give us a call at 617-391-9001 or fill out our contact form.