A child younger than 18 years can file a negligence claim against a parent or family member that is believed to have caused them injury due to negligence. Since minors are unable to represent themselves in court, someone else will have to file the negligence claim and represent them.
Who can file a negligence claim on behalf of a child?
When a child sustains an injury due to the negligence of a parent or a family member, he or she may not fully understand the nature of the injury, or may be reluctant to speak up. It therefore falls on the shoulders of the non-negligent parent or the adult who identified the negligence to bring the issue to light.
Massachusetts child social services should be notified immediately of suspected child abuse. Negligence is a form of child abuse and is recognized as so under Massachusetts law. In many cases, social services can intervene on behalf of the child if both parents are found to be negligent. In this case, a court-appointed guardian or social services would act as the child’s “guardian ad litem” and file the negligence claim.
How is compensation awarded to a minor?
In determining compensation for a negligence claim, the medical bills associated with the injury would be the major item of consideration. In some cases, if the child was of legal working age and employed, loss of wages may be considered, as well as emotional trauma. In most cases, a settlement may be put in a trust fund for the minor to access at a certain age, or a guardian will be appointed to handle the funds.
Contacting a Massachusetts Child Injury Attorney
A child does not have much of a voice when it comes to bringing a claim against their own parents or family members for negligence. It can also be difficult as a parent to bring suit against the other parent or a family member. For experienced help in Massachusetts child negligence claims, contact the Massachusetts child injury attorneys at Phillips & Garcia to schedule your FREE legal consultation today – 1-877-892-5620.