Frequently Asked Questions

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 called to testify. Generally, a child may be determined competent to testify if he or she meets the following criteria:

• The child must understand the obligation to speak the truth on the witness stand.
• The child must have had, at the time of the injury, the mental capacity to receive an accurate impression of the incident.
• The child must be able to independently and accurately remember the incident.
• The child must have the capacity to express in words his memory of the incident.
• The child must be able to understand and answer simple questions about the incident.

In the end, the judge will determine if your child is competent to testify. Your child will meet with the judge, who will visit with her to evaluate her demeanor, capacity, and manner of testifying.

As I said earlier, the odds of your case going to court are small. In my experience, if you provide strong evidence of liability against the defendant, your child’s injuries are serious, and your case is supported by medical doctors and other experts involved in the case, you will most likely settle out of court.

I would be remiss, however, to not advise you to prepare as if a trial were inevitable. This way you and your attorney will be thoroughly prepared for whatever path your case takes.

When selecting a child injury attorney you’ll want to ask critical questions such as; how long have you been practicing law; do you have experience with child accident cases in Boston, Massachusetts; what is the biggest settlement or verdict you have won? For over 30 years The Kiley Law Group, located in Andover, Massachusetts, has fought on behalf of children. Our child injury lawyers take time when speaking with you about your child’s injuries. Mr. Kiley’s firm works with you on a contingency basis, which means there are NO FEES unless our trained personal injury attorneys win your case. Call now for a FREE legal consultation.

For more information about child injury lawsuits, read the rest of Tom Kiley’s book, When A Kiss Isn’t Enough To Make It All Better.