One of your top priorities as a parent is keeping your child safe from harm. However, you can’t control the actions and decisions of others. It’s thus possible your child has been hurt due to the negligence of someone else.
They may be eligible to receive financial compensation in these circumstances. If another party’s actions or carelessness resulted in your child’s death, your child may be eligible to receive financial compensation by filing an injury claim or lawsuit.
The following overview will cover the basics of your options in these scenarios. That said, the best way to learn more about the specifics of your case may be to discuss the matter with a legal professional.
Seeking Compensation After an Injury or Accident
In Massachusetts and other states, when you’re hurt because someone else is negligent, you often have the option of seeking compensation for medical bills and associated losses. You may do so by filing a claim with the insurance of the party responsible for your injuries.
The insurance company isn’t always willing or eager to offer a fair settlement. As a profit-centric business, the goal of an insurer is typically to minimize financial losses. An insurance company may even attempt to avoid paying you entirely if you don’t provide sufficient evidence showing you’re eligible for compensation. If an insurance company won’t offer a fair settlement, or won’t offer a settlement at all, you have the option of seeking damages by filing a lawsuit.
In some instances, you don’t need to prove negligence to seek compensation for an injury or accident. For example, in a Massachusetts product liability case, you may only need to show that a defective product caused your injury and that it was used for intended or foreseeable purposes. Massachusetts permits breach of warranty claims – in these types of cases, you don’t need to prove a manufacturer or designer was negligent to show you’re eligible for compensation.
Car accident cases are also unique in states like Massachusetts. Massachusetts is one state that has a no-fault car insurance system.
In most states, negligence is a factor in car accident claims. Someone who was injured in a car accident can seek compensation by filing a claim with the insurance of the driver who caused the wreck.
In Massachusetts, you may file a claim with your own insurance company to seek compensation. If the amount of compensation your insurance offers isn’t sufficient to compensate you for your losses, you can take additional action against the party responsible for the crash if you can prove the necessary elements to establish liability.
In Massachusetts and other states, when you’re hurt because someone else is negligent, you often have the option of seeking compensation for medical bills and associated losses.
Seeking Compensation After a Child’s Accident or Injury
Compensation for Minors
States like Massachusetts do allow minors to pursue claims, and receive compensation via personal injury claims, in much the same way a typical suit might be pursued. One important difference is that the parent or guardian of an injured minor must file a claim or lawsuit on their behalf. They may seek compensation for losses like a child’s past and future medical bills. Other damages potentially available might be lost income and lost earning potential, as well as pain and suffering.
Compensation Available for Families in a Wrongful Death Case
You may be eligible for compensation if you’re the parent or guardians of a child who passed due to the negligence of another party. Remember, depending on the specifics of the circumstances, you may have available the potential not only for a negligence claim, but also a claim for breach or warranty. If you’re not sure whether you have a valid case, strongly consider speaking with an attorney to learn more about your legal options.
The types of compensation your child may be eligible to receive will depend on the specifics of the case. For example, funeral expenses, medical care costs for injuries before passing, and loss of “care” and “comfort” are also potentially compensable damages.
Be aware, whether pursuing compensation on your child’s behalf or for yourself and your family after a child’s injuries or wrongful death, you don’t need to do so alone. At Swartz & Swartz, P.C., a Massachusetts personal injury lawyer can help you seek the compensation you or your child may deserve. Learn more about what we can do for you by contacting us online or calling us today at (617) 742-1900.
Need Help?
If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.
About the Author: James Swartz
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