Personal Injury Claims Involving Children - Norwell, Dedham, Boston, MA

Each year, children are injured or killed as a result of negligence of others, whether in car or bicycle accidents, accidents involving day care or after school programs, dog bites and a host of other causes.

Many of the “legal proof” aspects of an injury claim are the same whether the injury involves and adult or a child. A plaintiff stills need to prove negligence against the person or entity causing the harm.

However, some aspects are different. Here are a few examples:

  1. Children Cannot Legally Bring Their Own Lawsuits.
    If a person is under the age of majority, eighteen (18) in Massachusetts, that person is considered a “minor” in the eyes of the law. Minors cannot file lawsuits on their own in Massachusetts. Instead, the lawsuit is filed through the child’s “next friend”. Typically, one or both parents of the child file the lawsuit on the child’s behalf. A legal guardian can also file a lawsuit on behalf of a child in some instances.
  2. Settlements of Cases Involving Minors May Require Approval of the Court.
    In Massachusetts, any claim or lawsuit which settles for $10,000.00 or more must be approved by the Superior Court. A judge reviews the facts, law and settlement amount and makes sure the “next friend” understands that the settlement proceeds are to be used for the benefit of the child.
  3. The Statute of Limitations is Different for injured Children.
    Typically, the Statute of Limitations expires three years after the event that causes the injury. However, when an injury involves a child, the Statute of Limitations expires three years after the child’s eighteenth (18th) birthday.

The attorneys at Brooks & Crowley, LLP have experience representing minors who are injured. We can guide families throughout the entire process, from investigating the cause of the injury through resolution of the case. Contact us today for a free initial consultation.

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Brooks & Crowley LLP serves clients throughout Massachusetts, and has offices in Dedham, Boston and Norwell

Main Office:

Brooks & Crowley LLP.
439 Washington Street,
Dedham, MA 02026

Tel. 781-277-7321 | Fax 800-625-9021

Boston Office:

Brooks & Crowley LLP
112 Water Street
Boston, MA 02109

Tel. 781-277-7321 | Fax 800-625-9021

Norwell Office:

Brooks & Crowley LLP
320 Washington Street
Norwell, MA 02061

Tel. 781-277-7321 | Fax 800-625-9021


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