Understanding the Statute of Limitations in Child Injury Cases

If your child ever sustains injuries due to someone else’s negligence, you may be able to seek financial compensation to cover the cost of their medical bills and other such losses associated with their injuries. Depending on the circumstances, your child might even be eligible for compensation regardless of whether their injuries resulted from another party’s negligence – for example, where the injury was caused by a defective product.

In Massachusetts, where breach of warranty rules may apply, you don’t need to prove negligence in a product liability case. A child may be eligible to receive compensation if a dangerous or defective product harms them even if someone else was not unreasonably careless when designing, manufacturing, or selling the product. If the evidence shows that the product was defective when sold, compensation may be available.

That’s just one example. Strongly consider reviewing your case with a legal professional if you believe your child might be eligible for financial compensation due to injuries they’ve sustained. A legal professional can help you better understand your options while also discussing other relevant topics, such as how the statute of limitations can influence a child injury case.

The Process of Seeking Compensation for a Child’s Injuries

How you seek compensation when your child has been injured can depend at least somewhat on the specifics of the case. Generally, though, seeking compensation often involves providing notice of the claim to the at-fault party, and likely its insurance company as well.

There are instances in which the insurance company won’t offer a fair settlement. Be aware, insurance companies are profit-centric businesses. If an insurer can avoid paying you entirely, they may attempt to do so.

This is another reason to enlist the help of a legal professional when seeking compensation after your child has been hurt. They may assist you with such tasks as gathering evidence to strengthen your case and negotiating with the insurance company.

However, there are times when negotiating a fair settlement is extremely difficult. When this happens, you may have to seek compensation by filing a lawsuit. A jury may award damages (the term for the money a jury awards at a trial) in instances where the insurance company was unwilling to reasonably settle.

The Personal Injury Statute of Limitations in Massachusetts

The statute of limitations establishes a deadline by which a victim or their representative must file a lawsuit. In many states, the statute of limitations can vary depending on the specific cause of a victim’s injuries.

The statute of limitations for most personal injury cases in Massachusetts is three years. That means a victim typically has three years from the time they were injured to file a lawsuit. If they miss the deadline, they’ll essentially have waived their right to seek compensation in this manner.

The clock for the statute of limitations usually “starts ticking” on the date a victim was injured. However, there are exceptions.

For example, when the victim is a minor child, the limitations period may be “stayed” until the child reaches the age of majority, and perhaps for a period of time thereafter. It is important to discuss such nuances with a qualified attorney.

Also, the victim may sustain injuries that aren’t immediately apparent. In these circumstances, the clock might not start ticking until a medical professional discovers and diagnoses their injuries. Even in those circumstances, however, a “statute of repose” might “absolutely” bar claims after a specific time period, regardless of the date of discovery. That said, if someone is ever involved in an accident or other incident that has even the potential to cause injury, seeing a doctor right away is essential, regardless of whether the victim believes they’ve been harmed.

Exceptions to the Statute of Limitations in Massachusetts

As referenced above, when a minor child is injured in Massachusetts due to the negligence of another, the statute of limitations clock usually doesn’t start ticking the statute of limitations until the injured child reaches their 18th birthday.

It’s also important to understand the roles of parents and guardians in a child injury case. In Massachusetts, a parent or guardian may file an insurance claim or lawsuit on behalf of an injured child. This could affect the specifics of the claims process, depending on the policies of an insurer.

The fact that your child may not be facing the same deadline an adult would face in a Massachusetts personal injury case doesn’t mean you can wait to take legal action. For example, a parent might have an independent claim that must be pursued earlier.Many factors can influence your odds of winning a case and securing the compensation for which your child may be eligible.

The quality of any evidence you gather and present is one such factor. Unfortunately, evidence can degrade or get lost over time. The sooner you begin building a case, the better your odds of preserving evidence that may play a vital role in the case’s outcome.

At Swartz & Swartz, P.C., our Massachusetts personal injury and child injury lawyers would be happy to discuss these topics with you in greater detail. We’ll review your case and provide the aggressive representation your child deserves if you choose to hire us. Learn more about what we can do for you by contacting us online or calling us at (617) 742-1900 today.

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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.