Frequently Asked Questions

FAQs

Will My Child Injury Case Go To Court?
A: Once you and your attorney determine that your child’s injury meets the legal requirements for a valid claim, you may proceed with serving the claim and filing the lawsuit for compensation. Most child injury cases settle out of court. Please be aware that if your case does go to court, your child may be… read more…
Who is Liable in a School Bus Accident?
A: Over 23 million children ride school buses everyday. While the vast majority of those rides end safely, at least 19 children die each year as a result of a school bus-related accident. School bus accidents can be the result of: A collision on the road Slip and fall accident while the bus is stationary… read more…
My child went on a field trip to the local public pool in Massachusetts with her summer camp. She almost drowned and now suffers from a brain injury because of it. Can we file a lawsuit against the camp and the pool?
A: If your child suffered a serious injury such as an anoxic brain injury while under the supervision of a camp counselor, you may need to seek the help of a Massachusetts child injury attorney to file a lawsuit against the camp and/or the public pool. When you register your child for a summer camp… read more…
Does Massachusetts have daycare regulations that are aimed at protecting children?
A: The Massachusetts government has established several sets of guidelines and daycare regulations for Massachusetts daycares and other forms of child care services. These guidelines encompass summer/day camps, daycares, child development facilities, and in-home child care. The daycare regulations cover all aspects of Massachusetts daycare operations, including licensing, staff requirements, facility needs, curriculum/activity guidelines, health… read more…
My 8-year-old son was playing at his friend’s house in Andover, Massachusetts.
While he was there, his friend accidently shot his right eye with a BB gun. As a result, my son’s cornea suffered extreme damage and he lost vision in that eye. Is it true that the homeowners insurance policy will cover my son’s cornea transplant and subsequent medical bills/treatment? A: Your child’s injury case is… read more…
My children participate in many organized sports both through local programs and through their school. I signed a waiver of liability, but if my child was hurt while playing because of negligence, can a file a lawsuit against the league/school?
A: When your child has been seriously injured in a child sports accident there are many parties which may be liable for the negligent acts that led to the accident. If you signed a waiver of liability prior to your child participating in an organized sporting event, it may or may not cover all parties… read more…
How can I prevent my Massachusetts child from suffering a severe injury or traumatic brain injury while he/she participates in recreational activities such as bicycling, inline skating, riding scooters and skateboarding?
A: When your child is out playing on their bicycle, inline skates, scooter or skateboard they face dangers that may lead to traumatic brain injury or other serious injury. The best way to prevent these injuries is to make sure they are taught proper safety precautions and you provide them with adequate safety equipment for… read more…
My child got a hold of an open bottle of drain cleaner while she was with the baby sitter. She suffered horrible burns in her esophagus called caustic esophageal burns. Can I file a lawsuit against the baby sitter in Massachusetts?
A: If your child suffered serious injury, such as caustic esophagael burns while under the care of a babysitter you may have the ability to file a lawsuit for babysitter negligence. Depending on the nature of your child’s injury, as well as the circumstances of the babysitter’s employment, you should consult with a Massachusetts child injury… read more…
My neighbor forgot to put his car in park on his property and it rolled onto the sidewalk running over my toddler causing severe injuries including broken bones. Can I file a lawsuit against his homeowner’s insurance policy?
A: Your child injury claim revolves around the concept of negligence and determining who was at fault for your child’s injuries. Without knowing the specific details of your toddler’s accident, there’s no way to guarantee that your neighbor’s homeowner’s insurance will cover your child’s injuries. For the best answers to your questions about your child… read more…
How can I protect my infant/toddler/child from suffering a traumatic brain injury or spinal cord injury, or being ejected in a Massachusetts car accident?
A: To protect your child from ejection, a traumatic brain injury or a spinal cord injury if you are involved in a severe Massachusetts car accident you will need to properly secure them with child safety restraints. Even with proper child safety restraints, a severe enough Massachusetts car accident can still cause serious injury, and… read more…
My child is 4-years-old and I am contemplating enrolling him in an Andover, Massachusetts ice hockey league. What is the right age for a child to play organized sports?
A: Every child develops differently, so there’s no “right age” for your child to start playing organized sports. You know your child best, so you should trust your intuition when it comes to deciding whether or not your child is old enough to play organized sports. Typically around the age of 4 or 5 is… read more…
What is the point of bringing a wrongful death lawsuit when a child dies?
A: Many clients feel that it is their obligation to correct the injustice done by the wrongdoer who caused their child's death. They do not want to stand by and let the responsible party escape responsibility. The wrongful death claim can also provide compensation to a family for what they have gone through as a… read more…
What can a family do in the case of a child's death?
A: We understand the devastation to a family after the loss of a child. If a child's life was lost in an accident or as the result of someone's negligence then you may bring a “wrongful death” case in court. The negligence leading to the death could be from a car crash, a defective product… read more…
We recently had the water heater in our Massachusetts home replaced by a professional – so we thought. When our child took a shower after the new unit was installed, he suffered 3rd degree burns to his body from the scalding water. He almost died and had to undergo several surgeries. Can we sue the plumber and/or the plumbing company for not setting the mixing valves correctly?
A: Service professionals such as plumbers should be licensed and experienced in their field to provide safe, worry-free service. If your child sustained scalding water burns as a result of negligent service performed on your house by a professional, you may be able hold both the technician and their employing company liable for damages. To… read more…
Our toddler drowned in the bathtub because the baby sitter left him alone and went to grab some toys. We know she didn’t mean for anything to happen, but we still want to take legal action against her for the wrongful death of our child. Do we have any rights to take legal action against her in Massachusetts?
A: You may feel bad about bringing a lawsuit against your child’s babysitter, but to obtain compensation for the medical bills and funeral expenses after a child’s injury or death while in their care, it may be a necessary step.If you have suffered the tragic loss of a child in an accidental bathtub drowning due… read more…
If a child is injured as the result of negligence of a parent or family member can a claim be brought on his or her behalf?
A: Yes, a child under the age of 18 can bring an action against a parent or family member. This can be done by bringing a claim by the non-negligent parent, or if both parents are responsible for the injuries by a court appointed “guardian ad litem.”
How much is a child injury case worth?
A: In Massachusetts a child, just like an adult is entitled to recover to medical expenses, scarring, disfigurement, pain and suffering, and loss of enjoyment of life. If the child's injuries are permanent and life altering such as with a brain or spinal cord injury, the child may be entitled to lifetime medical care and… read more…
How many children in Massachusetts die each year from an injury resulting from baby sitter/caretaker/daycare/pre-school neglect?
A: In 2007, Massachusetts Child Protection Services listed 16 children who died as a result of child neglect or child abuse out of the recorded child population of 1,436,774. The reporting of Massachusetts child deaths resulting from child abuse or neglect is a difficult process. Investigations can sometimes take years to determine if child neglect… read more…
How common are sports related injuries in children in Massachusetts?
A: With more than 30 million children taking part in organized sports, child sports injuries are becoming more common with more than 3.5 million children ages 14 and under suffering injury each year. While most of these child sports injuries are minor scrapes and strained muscles, more severe injuries can and do occur. If your… read more…
How can I protect my toddler / child from falling out of a window in Massachusetts?
A: The best way to prevent your child from falling from a window is to supervise him or her closely while near windows. However, it only takes seconds for even a supervised child to suffer a fall. Windows and doors should remain locked when not in use and objects that can be used to climb… read more…
How can I protect my Massachusetts child from common household hazards, such as fires, chemical burns or scalding water burns, a bathtub drowning, suffocation, choking, accidental gun shooting or firearm injury, poisoning, and falls?
A: There are many common household hazards you need to be aware of to prevent severe child injuries. Especially with toddlers, who not only spend most of their time in the home, but are also extra curious and quick to try anything, home safety is important to preventing child injuries. Your child is liable to… read more…
My child was severely injured after falling at Six Flags New England in Agawam, Massachusetts / Edaville in Carver, Massachusetts. What are my legal options?
A: Just like any other public facility, when you are in a Massachusetts theme park the property owner is liable for your safety while on their premises. If your child suffered serious injury while legally on the Massachusetts theme park property you should seek the advice of an Andover child injury attorney to file a… read more…
My child was mauled by our neighbor’s dog in Massachusetts and suffered serious facial injuries from the attack. What are my legal options?
A: A dog owner has the legal responsibility to keep their animal secured and unable to harm others. If your child was mauled by a neighbor’s dog and suffered severe injury, you may have the right to file a lawsuit against the dog owner for negligence in controlling their pet. There are many factors involved… read more…
My child walks to school everyday. With all the pedestrian accidents in Massachusetts, I want to be sure I’m doing all I can to protect her from becoming a victim. What safety measures can I take?
A: When your child walks to school they run the risk of being injured by a negligent driver in a Massachusetts car accident. To help protect your child from injury in a pedestrian accident, you should take care to educate them in pedestrian safety.Boston alone boasts more than 2 million pedestrians walking along its busy… read more…
Do I need to be the parent of an injured child to bring an action on his or her behalf?
A: No, an interested party, and for example a relative of or family friend or some other responsible person who has a connection to the child may be appointed by the Probate Court as a “guardian ad litem.” Once appointed the “guardian ad litem” can then pursue a claim on the child's behalf.
Child Injuries – When Do I Have a Legal Claim?
A: One of the first questions you will need to answer is this: Does a legal claim exist? A legal claim arises when your child is entitled to compensations for injuries and/or damages resulting from an accident. The two major contributing factors to this designation are determination of negligence and the scope of expenses and… read more…
Child Injuries – Do I Need An Attorney?
A: If you conclude that you do have a legal claim, please do not try to pursue it on your own. There are many reasons I recommend you seek legal counsel in your fight for justice. The most obvious reason is that “they” will have lawyers. If the negligent party is anything but an individual… read more…