Boston Personal Injury Attorney

Personal Injury Attorneys : : Advocates for Your Rights and Recovery

If your child has been injured due to someone else’s negligence in Massachusetts, your family may have the right to pursue compensation for medical bills, pain and suffering, and long-term care costs. At Swartz & Swartz, P.C., our Boston child injury lawyers have spent decades holding negligent parties accountable and fighting for the families of injured children across Greater Boston and throughout Massachusetts. Call (617) 742-1900 for a free, confidential consultation.

Child injury cases are different from adult personal injury claims. Children cannot advocate for themselves. The legal process involves different rules around statutes of limitations, guardian representation, and how settlements are managed through court-supervised trusts. You need an attorney who understands these differences and has a track record of handling them. That is what Swartz & Swartz does.

Common Types of Child Injury Cases We Handle in Boston

Children face risks that adults do not. Their smaller bodies are more vulnerable to serious harm, and they depend on adults to keep them safe. When that trust is broken through negligence, carelessness, or defective products, our firm steps in. We handle a wide range of child injury cases, including:

Daycare and Nursery School Injuries

Parents trust daycare providers with their children’s safety every day. When a daycare fails to maintain safe conditions, properly supervise children, or hire qualified staff, the results can be devastating. We represent families whose children have suffered broken bones, head injuries, burns, poisoning, and emotional harm at daycare facilities and nursery schools across Massachusetts. If your child was injured at daycare due to negligence, you can hold the facility, its staff, and potentially third-party equipment manufacturers accountable.

School and Playground Accidents

Schools and recreational facilities have a legal duty to maintain safe environments for children. Playground equipment failures, inadequate supervision during recess or gym class, unsafe building conditions, and bullying that leads to physical harm are all situations where a school or municipality may be liable. In Massachusetts, claims against public schools involve the Massachusetts Tort Claims Act (M.G.L. c. 258), which has specific notice requirements and shorter deadlines. Private school claims follow traditional negligence rules. Either way, acting quickly is critical.

Defective Toys and Children’s Products

Toys, car seats, cribs, high chairs, strollers, and other children’s products are supposed to meet strict safety standards. When manufacturers cut corners or fail to test adequately, children get hurt. Massachusetts allows product liability claims under a breach of warranty theory (M.G.L. c. 106, Section 2-314), which means you do not need to prove the manufacturer was negligent. You only need to show the product was defective when sold and that it caused your child’s injury. Swartz & Swartz has a long history of holding product manufacturers accountable for dangerous children’s products.

Burn and Fire Injuries to Children

Children are at heightened risk for burn injuries due to their thinner skin and natural curiosity. Burns can result from defective products, unguarded stoves or heaters, electrical hazards, scalding water, or negligent supervision. Learn more about burn injury cases. These injuries often require extensive medical treatment including surgery, skin grafts, and long-term rehabilitation. Our attorneys work with medical experts to document the full extent of your child’s injuries and project future care costs so that any settlement or verdict accounts for your child’s lifetime needs.

Swimming Pool and Drowning Accidents

Drowning is one of the leading causes of death among children under five years old. Near-drowning incidents can cause traumatic brain injuries with lifelong consequences. Property owners, pool operators, hotels, and municipalities can be held liable when inadequate fencing, missing drain covers, absent lifeguards, or other safety failures contribute to a child’s drowning or near-drowning incident. Massachusetts premises liability law requires property owners to exercise reasonable care, and the standard is even higher when children are involved because of the attractive nuisance doctrine.

Car Accident Injuries to Children

Car accidents remain a leading cause of child injury and death in the United States. Massachusetts is a no-fault insurance state, meaning your own Personal Injury Protection (PIP) insurance covers initial medical costs regardless of fault. However, if your child’s injuries are serious enough to meet the threshold under M.G.L. c. 231, Section 6D, you can pursue a claim against the at-fault driver for pain and suffering, future medical costs, and other damages. Defective car seats and restraint systems may also give rise to a separate product liability claim against the manufacturer.

Medical Malpractice Involving Children

When doctors, nurses, or hospitals make errors in diagnosing or treating children, the consequences can be severe and permanent. Misdiagnosis, surgical errors, medication mistakes, birth injuries, and failure to monitor are all forms of medical malpractice. These cases require expert medical testimony and detailed analysis of the standard of care. Swartz & Swartz works with pediatric specialists and medical experts to build these cases and pursue full compensation for your child’s injuries.

What Should I Do If My Child Is Injured in Boston?

The steps you take immediately after your child’s injury can significantly affect both your child’s recovery and your ability to pursue compensation. Here is what to do:

• Get medical attention immediately. Your child’s health comes first. Even if injuries seem minor, some conditions like concussions or internal injuries may not show symptoms right away.
• Document everything. Take photos of the scene, the hazard or defective product, and your child’s injuries. Save all medical records and bills from day one.
• File an official report. If the injury occurred at a school, daycare, or business, file an incident report with the facility. If a car accident was involved, file a police report.
• Do not sign anything from insurance companies. Insurers may try to get you to sign releases or accept quick settlements before you understand the full extent of your child’s injuries.
• Contact a Boston child injury lawyer. An attorney can evaluate your case, identify all liable parties, and protect your family’s rights from the start. At Swartz & Swartz, consultations are free and confidential. Call (617) 742-1900.

How Long Do I Have to File a Child Injury Claim in Massachusetts?

The statute of limitations for personal injury in Massachusetts is generally three years from the date of injury (M.G.L. c. 260, Section 2A). However, when the injured person is a minor, the statute is tolled (paused) until the child turns 18. This means a child technically has until their 21st birthday to file a lawsuit in most cases.

That said, waiting is almost never a good idea. Evidence disappears. Witnesses forget details. Surveillance footage gets deleted. Medical records become harder to obtain. The sooner you contact an attorney, the stronger your case will be. For claims against public entities like school districts or municipalities, the Massachusetts Tort Claims Act requires written notice within two years of the injury, and the lawsuit must be filed within three years. Missing these deadlines can permanently bar your claim.

Who Can Be Held Responsible for My Child’s Injury?

Depending on the circumstances, multiple parties may share liability for your child’s injuries:

• Daycare facilities and staff who failed to supervise or maintain safe conditions.
• Schools and school districts that allowed dangerous conditions or failed to protect students.
• Property owners who did not maintain safe premises, including pool owners, landlords, and business operators.
• Product manufacturers who designed, produced, or sold defective toys, car seats, cribs, or other children’s products.
• Drivers who caused car accidents through negligence, distraction, or impairment.
• Medical professionals who committed errors in your child’s treatment or diagnosis.
• Government entities responsible for maintaining roads, public parks, playgrounds, or public school facilities.

Identifying all responsible parties is critical because it maximizes the compensation available to your family. An experienced child injury attorney will investigate every angle to make sure no liable party is missed.

What Compensation Can My Family Receive?

When a child is injured due to negligence, the family may be entitled to compensation for:

• Past and future medical expenses, including surgeries, rehabilitation, therapy, and assistive devices.
• Pain and suffering endured by the child.
• Emotional distress and psychological harm, including PTSD, anxiety, and behavioral changes.
• Future care costs if the child will need ongoing medical treatment or support.
• Loss of quality of life if the injury causes permanent disability or disfigurement.
• Parents’ lost wages if they had to miss work to care for the injured child.

When a child receives a settlement or verdict in Massachusetts, the court typically establishes a trust to manage the funds until the child reaches 18. Some funds may be made available to the parent or guardian to cover the child’s immediate needs. Swartz & Swartz has extensive experience structuring these arrangements to protect your child’s financial future.

Why Choose Swartz & Swartz for Your Child’s Injury Case?

Swartz & Swartz, P.C. is not a general practice firm that handles child injury cases on the side. Child safety and product liability have been at the core of our practice for decades. Here is what sets us apart:

• Decades of experience representing injured children and their families in Massachusetts courts.
• Nationally recognized expertise in defective product litigation, particularly involving children’s products and toys.
• Ranked #2 by Google Gemini for “top child injury law firms in Boston.”
• No fees unless we win. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for your child.
• Free, confidential consultations. We will evaluate your case and give you an honest assessment of your options.
• A team that understands the unique legal and emotional dynamics of child injury cases, from working with pediatric medical experts to preparing children for depositions with care and sensitivity.

Our firm is led by James Swartz, a nationally recognized trial attorney.