When another party’s irresponsible or reckless conduct caused harm to your child, you can hold them responsible for your losses. Navigating a child injury claim can be complex, so work with an experienced personal injury attorney from Pellegrini, Seeley, Ryan & Blakesley, P.C.
A Springfield child injury lawyer could guide you through the legal process and work to ensure your child receives fair compensation for their injuries.
Every child gets into accidents. The combination of a developing frame and a lack of experience and judgment makes childhood injuries inevitable.
However, many childhood injuries could be prevented if adults exercised reasonable caution. In that case, you can hold them financially liable for your child’s injury. Our Springfield attorneys handle child injury cases arising from:
We can help you with any preventable childhood injury that resulted from another party’s negligence.
When children are involved, adults have a heightened responsibility to protect them from dangers they may not perceive or appreciate. We could identify the people, businesses, or government agencies whose behavior or decisions contributed to an accident that injured your child and hold them accountable.
If you can prove that another party’s failure to use appropriate care caused your child’s injury, you can receive compensation. The time limit for your child to bring a legal claim is three years after their 18th birthday, but it is usually advantageous for a parent or guardian to file a claim on the child’s behalf.
Your child can claim damages for their pain and suffering. This includes the physical effects of the injury and its treatment. They can claim damages for the psychological impact, which can include missed opportunities for social and extracurricular activities.
If the injury is permanent or will require ongoing treatment, the responsible party should pay all injury-related medical costs your child will incur as an adult. If the injury impacts their future earning potential, your child deserves damages for their reduced earning capacity.
You can claim damages for the cost of your child’s medical treatment and any incidental expenses related to their injury.
Massachusetts General Laws Chapter 231 §85X allows parents to file a separate loss of consortium claim with their child’s claim for damages. You can seek compensation for the injury’s impact on the family dynamic and the temporary or permanent loss of your child’s companionship and affection. Our Springfield attorneys can explain the damages you may be entitled to receive for your child’s injury.
When a parent brings an injury claim on behalf of their child, the money satisfying the claim belongs to the child. When the amount exceeds $10,000, the parties must implement a special legal procedure called a friendly suit.
The insurance company or other party paying the claim brings a lawsuit against the plaintiffs so that the court can review the settlement. The court often appoints a Guardian ad Litem who reviews your child’s medical records and other evidence to confirm the settlement is in your child’s best interests.
You generally cannot access your child’s settlement funds without court approval. Talk to our Springfield attorneys if you believe you have proper grounds to access your child’s injury settlement.
Claims for children’s injuries raise numerous issues, from deciding who should sue to managing the money your child receives. Our lawyers frequently handle these claims and can provide valuable guidance. Reach out to discuss your child’s circumstances with a Springfield child injury lawyer today.
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