New York Personal Injury Lawyers / Boston Child Injury Lawyer

Boston Child Injury Lawyer

Nothing is worse for Boston parents than seeing their child in pain. Kids get hurt all the time in Boston, though most of the time their injuries are minor. They suffer bumps and bruises on Boston Public Schools playgrounds or scrape their knees when they wreck their bikes on a sidewalk in Roxbury. While those injuries hurt, most children recover and (hopefully) learn a valuable life lesson in the process.

But not always. Sometimes children get seriously hurt in Boston, in circumstances that should never have happened. Their injuries inflict severe physical and emotional pain and leave their parents with staggering expenses.

Jacoby & Meyers LLP represents Boston children and their parents in legal actions arising out of this second type of childhood injury. Our Boston personal injury lawyers fight to make sure injured children and their families receive the financial compensation they need and deserve to heal and move forward with their young lives. Contact us today if your child suffered a serious injury in Boston that reasonable steps on the part of an individual, company, or institution could have, and should have prevented.

We Get Results

If your child suffers an injury, even a scraped knee, you want nothing more than to take away their pain. But at Jacoby & Meyers LLP, we understand that filing a lawsuit might be the furthest thing from your mind as a parent.

For nearly 50 years, we have helped parents, children, and families just like yours obtain compensation to help pay for the cost and difficulties inflicted by a severe injury to a child. We offer compassionate, straightforward legal guidance, and we fight to make sure kids injured by someone else’s wrongful actions get the financial support they need to regain their health and lead productive lives.

The Jacoby & Meyers LLP team knows how to get results in child injury cases. Over our decades of law practice, we’ve secured tens of millions of dollars for our clients in cases involving preventable injuries to children. Our past successes don’t guarantee our future results, of course. But, they do reflect our reputation as a team of tough, determined trial lawyers who fight relentlessly to make sure justice is done, and compensation is paid, for harm done to kids.

Common Child Injury Scenarios in Boston

Children get injured; it’s just a fact of growing up. But there’s a big difference between injuries kids sustain because they’re kids, and injuries they should not have suffered, but did, because someone else usually an adult made unsafe choices or engaged in dangerous actions.

Here are some common scenarios in which children can suffer serious injuries in Boston because of someone else’s wrongful conduct or decisions.

#1. Motor Vehicle Accidents

From high-speed crashes on the Mass Pike to T-bone collisions on Comm Ave, motor vehicle accidents represent a major contributor to severe child injuries in Boston. According to government statistics, car accidents are a leading cause of emergency room visits for children of all ages. Most child car accident victims didn’t cause the injuries they suffer, and they deserve compensation. Jacoby & Meyers LLP fights to get them the money they need.

#2. Falls

Government data also reflects that falls constitute the most common cause of non-fatal injuries in children. Of course, it’s not unusual for children to fall. However, that does not excuse adults from supervising children in situations where fall risks are high, nor does it mean it’s ok to take reasonable precautions to prevent children from falling on stairs, out of windows, and from other heights. Our team holds adults to account when children in their care suffer injuries in preventable, foreseeable falls.

#3. Drownings and Near-Drownings

Children of all ages face a heightened risk of catastrophic injury whenever they spend time near bodies of water in Boston, from public swimming pools to the banks of the Charles. Drowning constitutes a particularly severe risk for kids who cannot swim, but even confident young swimmers can get into trouble if they’re not properly supervised. Bostonians who own property featuring pools or water bodies have a special duty to take reasonable steps to make them safe for children. We fight for justice when child drownings and near-drownings happen in Boston.

#4. Youth Sports

Boston parents and their young athletes accept some risk of injury when they participate in private and scholastic sports leagues. And yet, not all sports-related injuries come with the territory. Coaches, organizers, and facilities managers must take reasonable care to ensure the safety of young athletes. Children can suffer severe and even fatal injuries through overexertion, dangerously hard hits, unsafe playing surfaces, and repetitive stress injuries that adults should have prevented. Jacoby & Meyers LLP holds parties at fault responsible for turning athletic competition into a dangerous, harmful situation for kids.

#5. Choking/Suffocation

For infants and toddlers in Boston, choking and suffocation can all too easily lead to tragedy. Manufacturers of toys and other child-oriented products must take reasonable care to limit the risk of choking or suffocation hazards. Similarly, daycare centers entrusted with caring for little ones must make sure to follow protocols for minimizing those hazards. Jacoby & Meyers LLP has the experience and resources to represent children and families whose lives are devastated by a choking or suffocation incident.

#6. Poisoning and Toxic Exposure

Boston parents know the importance of keeping household cleaning products and other chemical agents out of the reach of young children. Unfortunately, even the most diligent parent can’t prevent every potential instance of a child ingesting a harmful product. Nor can parents always protect their children from environmental toxins like lead paint or mold that can cause severe illness over prolonged periods of exposure. Jacoby & Meyers LLP’s team of experienced attorneys knows how to investigate and prove that a dangerous substance harmed a child exposed to it.

#7. Violence and Abuse

There is no excuse for an adult intentionally harming a child. Sadly, it happens in Boston more often than we would like to imagine. Kids in Boston fall victim to violent crime on a near-daily basis, particularly gun violence. Children also sustain severe physical and emotional trauma in instances of abuse perpetrated by adults entrusted with their care, such as teachers, scout leaders, and clergy. At Jacoby & Meyers LLP, we do our utmost to see that children receive justice, compensation, and support when an adult harms them on purpose.

#8. Fires and Unsafe Building Conditions

Boston, like any major city, is home to hundreds of thousands of individuals who live in rental housing, and children who attend public school and rely on public resources. Landlords, school administrators, rec center operators, and others who host children on their properties must keep their facilities reasonably safe and in compliance with building and fire codes. The Jacoby & Meyers LLP team goes to bat for children and their families when fire or disasters result from a property owner or operator’s failure to keep premises reasonably safe.

Child Injuries We Handle

Any of the incidents listed above can cause children severe, even fatal, injuries in Boston. At Jacoby & Meyers LLP, our 50+ years of experience give us a broad and deep base of knowledge to draw upon in representing child injury victims and their families.

We have the resources and know-how to secure compensation for injuries that include:

• Spinal cord injuries that leave children paralyzed and confront their parents with potential expenses that can easily run into millions of dollars.
• Traumatic brain injuries, including concussions, that disrupt children’s motor, emotional, and cognitive functioning, and impede their educational and social development.
• Broken bones that may heal in time with proper care, but which cause extreme pain and may require extensive medical treatment.
• Soft tissue and orthopedic injuries, such as torn ACLs and dislocated joints, which are common in youth sports and can sideline a young athlete for the season, if not permanently.
• Burns from fires, chemical exposures, scalding water, and other hazards, which can leave children with debilitating injuries and disfiguring scars.
• Severe illnesses, such as cancers or respiratory disorders, resulting from toxic exposure.

This is just a sampling of the types of trauma child clients of Jacoby & Meyers LLP may suffer. No matter the nature of the harm a child sustains, our team fights to make sure the at-fault parties face legal and financial accountability.

How We Help Boston Child Injury Victims

At Jacoby & Meyers LLP, our job is to secure the most money possible for injured victims of someone else’s careless, reckless, or intentionally harmful conduct. We take legal action on behalf of children and their parents to get them the financial support they need to pay for care, heal from or adapt to injuries, and move forward with their lives.

The measures we take on behalf of our clients vary depending on the particular facts and circumstances of each case.

In general, however, our team has the skill and resources to:

• Investigate child injuries to figure out exactly how they happened and why reasonable steps were not taken to prevent them.
• Identify the parties who should face legal and financial liability for those injuries, either because their dangerous actions caused a child’s injury, or because Massachusetts law holds them responsible for the dangerous actions of others.
• Plan a strategy designed to meet the individual medical, financial, and practical needs of our client and client’s family.
• Answer our client’s questions and explain their options in plain English.
• Prepare and file claims for damages on our client’s behalf, often in the form of insurance demands or lawsuits filed in Boston-area courts.
• Litigate those claims to the fullest extent necessary to see justice done, even if that means proving the case to a Boston judge and jury.
• Negotiate settlements with insurance companies and defense lawyers, when possible, to obtain compensation for our client as efficiently as possible.
• Collect money due to our client through any settlement, judgment, or jury award we achieve.

We cannot guarantee that every Boston child injury client we represent at Jacoby & Meyers LLP will receive compensation for their injuries and losses.

We do, however, have a decades-long track record of success in child injury cases, in which we have frequently obtained payment for our clients’:

• Medical expenses, both current and future, necessary for treating an injury and any long-term physical and mental health complications it might cause.
• Non-medical expenses necessitated by the injury, such as the cost of a tutor for a child who cannot attend school, or for modifications to a child’s living space to accommodate a disability.
• Lost wages incurred by a child’s parent, usually in connection with missing work to care for an injured child.
• Lost economic opportunity suffered by the child due to the injury, such as when a child sustains brain trauma that severely limits his or her future educational and employment prospects.
• Pain, suffering, and loss of quality of life, including the emotional suffering children often endure as a result of an injury, particularly when it has consequences for their educational and social development.

In some child injury cases in Boston, the Jacoby & Meyers LLP team can also obtain an award of punitive damages on our client’s behalf extra payment from the at-fault party to punish the party’s extreme, outrageous, or intentionally harmful conduct.

Boston Child Injury Frequently Asked Questions

All children have the right to be happy and healthy. They deserve to grow up with loving parents and competent caregivers. Most of all, they should be able to have a safe and stable environment in which to grow up.

Children are fragile and can sustain injuries easily. Unfortunately, children can also be traumatized due to the injury or the circumstances that resulted in the injury. When a child has an injury caused by reckless, malicious, or negligent behavior, you need to seek legal advice immediately.

If your child experiences an injury, you might have questions. You are not alone. It is a confusing time, and you want to do what is best for your child. Did you know that someone could have done something to prevent the accident?

What Makes Children Susceptible to Injuries?

Children are naturally curious. They don’t understand how dangerous life can be. The world is still new to them, and generally, they have no reason to fear the situations or activities they encounter. This means that they are more likely to experience injuries. Children don’t think about their health and safety before engaging in activities like adults.

Are All Child Injuries Preventable?

The fact is most accidents that involve children could have been prevented. Often, an accident occurs due to lack of supervision, exposure to dangerous circumstances, or even playing with a defective toy.

What Should I Do When My Child is Injured?

Typically, when a child has suffered an injury, the parents’ first concern is doing whatever is necessary to help their child recover adequately from the injury. Get medical attention immediately. When parents know more about the injury, they can cope with the accident and help the child recover more easily.

At this point, parents can usually determine whether or not to pursue compensation from the at-fault party. Parents will often want to hold someone accountable for the injuries that their child is suffering to help them pay for the medical bills and compensate their child for suffering as a result of wrongdoing.

When Should Parents Consider a Lawsuit?

If the child suffers a minor injury and heals quickly, most parents will let incidents such as these go. However, if the injury is serious and the result is significant damage to the child physically or emotionally, the parents need to consider a lawsuit. Ensuring that you seek medical attention for your child immediately is the first step. Next, you should contact us to find out if you have a case for financial recovery.

Can a Child’s Injury Traumatize Them?

The short answer is yes. Injuries that involve children are not only more likely to happen because of their fearless nature and endless curiosity, but the injuries could have severe long-term effects not only physically but also mentally and emotionally as well.

Children can develop PTSD from serious events like vehicle accidents. The more serious the injury, the more likely they will experience stress-related anxiety, either short-term or long-term. This can feel overwhelming to the child. It also needs to be considered when you decide to start a personal injury case on behalf of your child.

How Do I Know if The Injury Is Severe Enough to Sue?

Parents need to contact a highly skilled and experienced attorney to answer all their questions. Sometimes, it is not just about the seriousness of the injury but also preventing accidents from happening in the future. Holding people accountable for their part in an accident is essential to future prevention.

What Are Some Red Flags After My Child Is Injured?

After an accident, you should seek medical attention for your child. Sometimes, the injury might not appear to be severe. Watch out for symptoms to develop over the next few days. Not all symptoms are experienced during the trauma or immediately after. An injured child may experience cognitive fatigue during their recovery.

Watch for:

• Difficulty concentrating
• Problems with memory
• Slow to respond or understand when thinking about simple things
• Finding it challenging to find the right words to express themselves
• Acting anxious or fearful
• Becoming frustrated easily
• Changes in sleeping patterns
• Acting out: being more irritable, defiant, or aggressive
• Experiencing mood swings
• Vomiting
• Blurred or double vision
• Uncontrollable convulsions, twitching, or seizures
• Bleeding from the nose or ear
• Significantly reduced coordination
• Severe headaches or migraines
• Slurred speech
• Confusion

How Soon Can My Child Return to Normal Activities?

Always take the advice of your doctor. After an injury, a child should get medical treatment. No matter how small the injury may seem at the time, or if the child insists that they are okay, take them to the doctor anyway.

Your child may feel embarrassed about the injury and tell you they are okay when they are really in pain. It is very important to ensure that the child doesn’t have any internal bleeding or other serious trauma to their body that you can’t see or are not visible.

Once a child is seen by a medical professional, parents can better understand what has happened and what type of injury they’re dealing with. It can help clarify whether or not a parent should sue on behalf of their child.

Ask the doctor when your child can return to school and their normal activities. You do not want to aggravate the injury further.

What if My Child Put Themselves in Danger and Was Injured?

Most parents do not realize that when it comes to child injuries, another person, government entity, or a business may be partially or fully to blame for the injury, even if the child puts themself in an unsafe situation. This is why talking with an experienced lawyer is important after an injury.

As adults, we are responsible for what happens to children. If a child goes on to another property and puts themselves In harm’s way, the injury can still result from negligence by the property owner. Children do not always understand hazardous conditions the way adults do.

What Is an Attractive Nuisance?

An attractive nuisance is something that catches the attention of a child. They see something that they want to play with or play on regardless of the possibility of danger, for instance, a swimming pool.

Several other nuisances that may attract children include:

• Mechanical equipment
• Clubhouses/tree houses,
• Large piles of dirt/sand/rocks
• Large ditches or holes in the ground

Children are adventurous, and they also have very active imaginations. When they see something that catches their eye, they will usually go and play on it, or with it, without realizing the danger. This is especially true with something that they don’t see every day.

For example, let’s say your neighbor has a large pile of rocks for some project on their property. Your young child sees it, and there are no warning signs or fences around it. Just looking at this big pile of rocks is enticing to the young child. The child climbs on top of the rocks, and they lose their footing, tumbling down the rocks.

You take the child to the hospital, and the child is covered in bruises, has a concussion, and possibly internal bleeding. Property owners can avoid injuries with a few simple steps.

How Can I Prove a Landowner Caused My Child’s Injury?

Typically, if a child trespasses on someone else’s property and an attractive nuisance injures them, three things would suggest a valid attractive nuisance claim:

1. The landowner or manager believes that children are likely to trespass.
2. The condition or circumstances of the property is an obvious risk of injury or death to children, but because of their age, the children may not be aware of the danger involved with the property.
3. The landowner or manager failed to exercise proper care and caution to protect children from being harmed on the property.

What Is the Statute of Limitations Regarding Child Injuries in Massachusetts?

Generally, the statute of limitations in Massachusetts for personal injury is three years from the injury’s date. But it’s different with children. That three-year period is still in place, but it begins when the child turns 18.

What are The Most Common Places for Child Injuries?

Aside from motor vehicle accidents, the most common childhood injuries occur at daycare, schools, and public recreation areas. Countless childhood accidents happen outside of the parents’ direct supervision.

As a parent, you can’t be around your child twenty-four hours a day, seven days a week. When you can’t be there, you trust other adults, such as daycare providers, teachers, and lifeguards, to care for your kids.

No one will watch over and care for your child to the extent you do. But, sometimes irresponsibility and neglect by another person can play a part in a childhood injury. When that happens, it is an instinct for a parent to want to hold the person who caused or allowed harm to their child accountable.

Speak With a Trusted Boston Child Injury Lawyer Today

There is nothing worse in a parent’s life than seeing or learning that your child was injured. Even minor injuries can take your breath away, leaving you wanting to trade places with your child to ease their pain and suffering.

At Jacoby & Meyers LLP, that’s our goal, too. We offer compassionate and skilled legal advocacy to help injured children and their families rebuild from a serious injury.

If your child suffered a serious injury in circumstances that should never have happened, you may recover significant financial compensation. Contact Jacoby & Meyers LLP today online or at (877) 472-3061 for a free consultation with an experienced member of our team who can explain your legal rights and options.

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Finkelstein & Partners, LLP
50 Congress Street
Boston, MA 02109