Filing a personal injury claim for a child’s injury can be incredibly stressful for a parent. You just want to go back to before your child was injured and avoid having to deal with the entire legal process. It is perfectly understandable to find yourself confused about how to file a claim and how compensation will be paid out. Because the claim is specifically being filed on behalf of your child, the money is technically theirs. However, Massachusetts has a very specific process for how compensation is paid out to children.
Most of us can remember the unbridled joy we felt as children when we swung on the monkey bars or tumbled down the slides into a pile of woodchips. While it’s normal to come back from the playground with some scrapes and bruises, most playgrounds are quite safe for children and their parents. Playgrounds, however, are comprised of large, complicated metal structures that are often very high off the ground. There’s no question that without proper safety precautions, you could be dealing with every parent’s worst fear: a tragic accident involving their children.
For years, there has been controversy surrounding athletes and the injuries they suffer while on the field. Extensive studies done on the brains of deceased NFL players show alarming evidence of widespread brain damage; and the 2015 movie Concussion highlighted the danger even more.
But the problem of athletes sustaining traumatic brain injuries is not limited to professional play. Elementary, middle, and high school players face the same risks; and it poses the question: who is responsible when that risk becomes a reality?
Children who are injured on another person’s property are given special treatment under Massachusetts premises liability law. While adult trespassers who are injured on another person’s property generally are not entitled to seek damages for their injuries, property owners may be liable for children’s injuries pursuant to the “attractive nuisance” doctrine.
A recent visit to the Massachusetts Accident Data Center website reveals a scary array of recent accidents: a 3 year old boy was injured while riding his bicycle in Medway; a pedestrian was struck by a vehicle in Taunton; and a two-car wreck in Barnstable left four people seriously hurt. You can’t help but wonder what YOU would do if it was you — or your little boy — who had been injured. It’s an upsetting time, and it gets worse when you realize that you now have another challenge: finding a personal injury lawyer. After all, it’s the only way that you can be sure that you receive the care you need, whether it is immediate care for a broken bone or longer-term care such as physical therapy or other rehabilitation to help you get back to where you were before the accident.