When a child has a preexisting disability, parents often take extra precautions to protect their safety. They may carefully select playgrounds, communicate with schools about mobility needs, or rely on specialized equipment to help their child participate in everyday activities. But even with those precautions, a serious accident can happen.
A child may suffer a broken leg when playground equipment fails, sustain a spinal injury in a car accident, or experience permanent mobility limitations after a dangerous fall.
When the child already has a medical condition or disability, the consequences may be far more serious than they would be for another child.
Parents may then face an unexpected question: Does the child’s preexisting disability affect the family’s right to pursue compensation?
A child injury involving a preexisting condition can still support a personal injury lawsuit in Massachusetts. Having a disability does not eliminate a child’s legal rights or excuse another party’s
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