When a Child Is Injured, the Stakes Are Higher
A child’s injury has consequences that extend far beyond the immediate medical costs. Serious injuries during childhood can affect development, education, and long-term earning capacity. Massachusetts law recognizes this reality by providing special protections for injured minors, including extended filing deadlines and court oversight of settlements. Here’s what parents need to know.
Extended Statute of Limitations for Minors in Massachusetts
While most personal injury claims in Massachusetts must be filed within 3 years of the injury, minors receive special protection. The statute of limitations for a minor’s personal injury claim generally does not begin running until they turn 18 — meaning they have until their 21st birthday to file. However, waiting is strongly discouraged. Evidence disappears, witnesses forget, and surveillance footage is overwritten. Our attorneys act immediately after a child is injured to preserve all critical evidence.
Disclaimer: Statute of limitations rules can vary significantly by state, jurisdiction, and the specific type of claim. The information above is general in nature. Please consult a qualified attorney for advice specific to your situation.
Court Approval Is Required for Minor Settlements
Any settlement reached on behalf of an injured minor in Massachusetts must be reviewed and approved by a probate court. The court’s role is to ensure the settlement is in the child’s best interests. A guardian ad litem may be appointed to independently review the settlement terms. This process adds a layer of protection for the child that does not exist for adult claimants.
Calculating Damages for an Injured Child
The damages in a child injury case can be substantial and must account for long-term impacts. Compensation can include all medical expenses including future care, physical and occupational therapy, psychological treatment for trauma, pain and suffering over a lifetime, impact on educational and developmental milestones, and future lost earning capacity. Our attorneys work with medical experts and life care planners to document every aspect of how the injury will affect your child’s life.
Common Child Injury Scenarios and Who Is Liable
Child injury cases involve a wide range of scenarios. School and daycare injuries may create liability for the institution if negligent supervision caused the harm. Playground equipment injuries may involve liability from the equipment manufacturer or the property owner. Dog bites impose strict liability on the dog’s owner under Massachusetts law. Defective toy injuries can lead to product liability claims against manufacturers. In each case, identifying all liable parties is essential to maximizing recovery.
Call Larson Law for a Free Child Injury Consultation
If your child was injured due to someone else’s negligence in Massachusetts, call Larson Law at 508-888-8888. We handle child injury cases with both compassion and tenacity. No fee unless we win.
Results Disclaimer: Past case results, settlements, and verdicts mentioned on this website do not guarantee or predict a similar outcome in any future case. Every case is unique and depends on its own facts and legal issues.