Finding out that your child has been injured in an accident can be a traumatizing ordeal. However, learning that the accident was caused by another person’s actions and resulted in your child suffering permanent damages can make the situation unbearable.
At Sibley Dolman Gipe Accident Injury Lawyers, PA, we are a legal team of Boston Child Injury Lawyers representing children who have been harmed in these horrific accidents. We understand how complicated these cases can be, and we know the devastating effects these accidents have on the whole family. That is why if your child has been harmed in a Boston accident, we are here to provide your family the legal help it needs while fighting for your child’s rights and the justice they deserve.
Who Are Sibley Dolman Gipe Accident Injury Lawyers, PA?
When you suffer a physical or even a catastrophic injury, it can become a life-changing event. Not only can these injuries challenge you fiscally, but they can reduce the quality of your life as well. That is why Sibley Dolman Gipe Accident Injury Lawyers is committed to assisting people who were injured in an accident and getting them the financial compensation they need.
At Sibley Dolman Gipe Accident Injury Lawyers, PA, our dedicated and skilled attorneys are here to meet with you one-on-one to discuss your accident, figure out what happened, and explain how we can help you. We make it a point to work directly with you and ensure that your claim is handled properly and all your needs are met. To reach these goals, we act quickly to identify all potential sources of compensation that can be pursued and aggressively fight for the money you deserve.
Because of this dedication and drive, we have collected millions of dollars in jury verdicts and settlement awards for our clients, with some of our most recent including:
- $3,200,000.00 for a semi-truck accident resulting in a brain injury
- $1,400,000.00 for a motorcycle accident resulting in multiple serious injuries
- $1,750,000.00 for a truck accident resulting in shoulder surgery with mild TBI
- $1,000,000.00 for a wrongful death involving a rideshare service
- $1,580,000.00 for an auto accident resulting in two herniated discs impinging on the spinal cord
- $750,000.00 for a traumatic brain injury
Even though we cannot guarantee that you will receive financial compensation for your injury, we can assure you that at Sibley Dolman Gipe Accident Injury Lawyers, PA, our legal team can fight hard to secure every last dollar your injury has cost you.
Child Injury Statistics
Injuries are a significant source of child emergency room and hospital admissions.
In fact, some of the most recent statistics indicate that:
- Falls are the leading cause of non-fatal harm in children, accounting for about 8,000 visits to the emergency room every day for children 19 years old and under.
- About 100 children are killed almost every year because of a bicycle-related accident, and 254,000 are injured from this accident.
- Drowning is the leading cause of unintentional injury-related death among children aged one to four years old. The majority of these drownings occur in residential swimming pools and open-water sites.
- Suffocation is the leading cause of unintentional injury-related death among children under the age of one.
- Each year about 2,000 children die from a home injury. Typically, these injuries affect children aged 14 and under and are primarily caused by suffocation, fire, burns, choking, firearms, falls, and poisoning.
- According to the Centers for Disease Control and Prevention (CDC), injury is the leading cause of death in children and young adults. Almost 12,000 children and young adults die from these intentional injuries every year, with motor vehicle traffic deaths the leading cause.
Common Causes of Boston Pediatric Injuries
Numerous accidents can cause children devastating injuries.
Yet, the most common types of child injury accidents include:
- Motor vehicle accidents (where the child is harmed while they are a passenger or get hit by a car as a pedestrian)
- Choking on toys, small objects, and food
- Drowning in swimming pools, larger bodies of water (lakes, ocean, rivers), and bathtubs
- Dog attacks
- Falls on playground equipment or at home
- Poisoning from toxic chemicals such as household cleaners and lead-based paint
- Concussions resulting from organized and recreational sports
- Daycare or school accidents
- Dangerous and defective product accidents
- Recreational accidents due to boating, bicycle riding, or even sledding
- Medical negligence resulting from surgery, failing to diagnose, or improperly treating a child’s medical condition
- Violent acts
Common Types of Pediatric Injuries
Unfortunately, there is no shortage of opportunities for a child to become injured. In truth, injuries such as small scrapes, cuts, and bruises are always bound to happen when it comes to children.
However, a vast number of more severe injuries can also occur, including:
- Broken or fractured bones
- Traumatic brain injuries
- Spinal cord damages
- Deep lacerations
- Arm and hand injuries
- Back injuries
- Soft tissue injuries
- Knee and leg injuries
- Shaken baby syndrome
- Psychological damages caused by child abuse, negligence, mistreatment, and trauma
- Internal organ damage
- Internal bleeding
- Congenital disabilities resulting from medical malpractice
Who Can Be At Fault for a Child Injury Accident in Boston?
It is essential to understand that when it comes to children, adults must act with a reasonable standard of care. When they do not or fail to take normal safety precautions, they can be liable for any injuries that result.
Many times these liable parties include:
- Dog or other pet owners
- Property or landowners
- Other parents
- Toy manufacturers
- Coaches or other team players
- Medical care professionals
- School officials
- Playground toy manufacturers
- Park districts and parks and recreation departments
When it comes to your child’s injury, it can often be quite difficult figuring out liability and who was at fault for your child’s harm. However, seeking assistance from an experienced child injury attorney can provide the necessary skills and resources needed to not only figure out how the incident in question happened but determine who was responsible for your child’s injury.
Boston Child Injury Lawsuits – The Legal Basis For Them
Typically, when suing for a child injury, most of the same legal theories apply that are used in adult personal injury lawsuits, such as negligence, failure to act with ordinary care, and statute violations.
Yet, in Boston, some unique factors come into play in a child injury lawsuit that do not apply in an adult injury lawsuit.
- Children have a special standard of care: When the victim is a child, that child is held to the standard of care of a child of like age, intelligence, and experience.
- Child trespassers have special rules: Landowners must protect even trespassing children from hazards on their property if it contains something that may draw the child onto it.
- Children are required to wear helmets, but the defendant can not mention it: According to Massachusetts laws, a child under the age of 16 must wear a bicycle helmet. However, in a bicycle injury case, the law does not allow the defense to introduce this fact to establish comparative negligence.
- Children often need an official representative: When a child is under the age of 18 and is injured in an accident because of another person’s wrongful actions, the child needs an official representative to file a lawsuit. Additionally, the parties to the suit must also obtain court approval that any compensation is fair to the child.
- A guardian’s negligence cannot be imputed to the child: Many times when a child is harmed in an accident, the defendant will try to argue that the child was not adequately supervised by a guardian at the time, and the child suffered an injury as a result. However, Massachusetts law is clear that a parent or guardian’s negligence cannot be imputed to the child to prevent the child from recovering compensation for their injury. Similarly, any previous bad acts of the parent are not permitted to be admitted as evidence, as they can be prejudicial against the child plaintiff.
When dealing with these child injury lawsuits, extra care and sensitivity must be administered. These children and even young adults often have difficulty coping with what happened to them and how their accidents have changed their lives. At Sibley Dolman Gipe Accident Injury Lawyers, PA, we have represented countless children victims and understand their concerns and needs. That is why we make sure we take these factors into account when handling these challenging cases.
Actions to Take After Your Child Is Hurt in a Boston Accident
When your child has been in an accident, their safety is your number one priority. That is why it is vital to have some knowledge of what you can do during these terrifying situations to not only keep your child safe but to protect their legal rights as well. For these reasons, if your child is ever involved in a Boston accident, make sure you take these steps:
Following an accident, the first thing you need to do is to check on your child. However, most experts agree that if your child is in an automobile accident, you should not move them if they are in a car seat unless it is absolutely necessary. This is because improperly moving your child following a collision can worsen any of the injuries that occurred. Instead, it is recommended that you wait for EMS to come and move the child.
For severe accidents, you also need to call 911. This is the fastest way to not only get the accident on record but to get emergency medical services to the scene, so they can provide your child the emergency medical help they need. Additionally, once the police arrive, they can investigate the accident and write down their findings in their police report. If you decide to pursue an injury claim on behalf of your child, this police report can provide you with critical evidence regarding what happened and who may be at fault.
If it is safe for you to do so, try to take as many photos or videos of the accident scene as you can. This should include pictures of your child’s visible injuries, the accident’s location, and any other details that can help show what happened. If witnesses were present, get their name and contact information, their statements can help substantiate your child’s claims.
Keep Medical Records
Make sure that you keep track of all medical bills and expenses related to your child’s accident injuries. This can help ensure that they get accurately compensated for their injuries in the future.
Keep a Journal for Them
If your child cannot do it on their own, make sure you keep a journal for them, where you write down everything they endured because of their accident. This means documenting how the accident impacted your child’s day-to-day routine, the extent of their pain and suffering, the medical treatments they now need, and how their life has changed since the accident. Over time, memories of the incident can fade. However, by documenting everything that occurred, you can ensure that vital facts are not forgotten. Plus, this journal can provide your child’s lawyer with critical evidence regarding the extent of their harm.
Contact Our Experienced Boston Child Injury Lawyers Immediately
As a parent, you want to ensure that your child receives the legal help they need to overcome this unspeakable trauma. That is why, given what is at stake, you must have an experienced child injury lawyer in your corner. When you work with these attorneys, they can provide you the resources needed to figure out what happened and determine the best legal course of action your family needs to pursue. While making sure to go after the damages your child deserves.
Boston Child Injury FAQs
When your child has been injured in an accident, it can affect the whole family, not only emotionally but financially as well. However, you and your family do not have to go through this traumatizing ordeal on your own. If your child has been harmed because of another person’s wrongful actions. There is legal recourse that you can take on behalf of your child and demand that they receive fair compensation for the harm they endured.
To better help you understand these legal actions, the child injury attorneys at Sibley Dolman Gipe Accident Injury Lawyers, PA, have prepared this list of the most frequently asked questions involving child injury cases. We hope that with these answers, you can get the information you need to pursue the justice your child deserves.
1. If my child was injured in a Boston accident, how much time do they have to file an injury claim?
For the majority of Boston child injury cases, the statute of limitations is three years. This means that if you have been injured in an accident, you have three years from the accident date to begin a lawsuit. However, when the accident involves a minor child, this three-year time frame does not start to run until the child turns 18 years old (with certain exceptions, such as those that involve medical malpractice claims).
To protect your child’s rights, the legal team at Sibley Dolman Gipe Accident Injury Lawyers, PA, encourages you to speak with a member of our team right away to make sure your claim is filed within the appropriate time frame.
2. What legal options do I have if my child was injured in a Boston daycare?
If your child suffered an injury at a Boston daycare, you can pursue legal relief on their behalf for the damages they endured.
However, before you start tackling this legal process, we recommend that you take specific actions first, including:
- Medical attention: You need to make sure you take your child to the emergency room to receive immediate medical attention and have the doctor perform a comprehensive physical examination that can help them correctly diagnose your child’s injuries and allow them to provide the proper treatments. Plus, when you have your child examined by a physician immediately after the accident, it can help prevent the daycare from attempting to dodge liability. Remember, medical documentation is critical to any recovery.
- Report the accident: Next, you need to report the incident to the daycare center, appropriate agency, and the local police so they can prepare an accident report and provide you with a copy.
- Keep detailed notes and pictures: Make sure you document everything about the incident as best as possible. Include photos of your child’s injuries and anything else that may be relevant to the case. Take notes regarding your child’s behavior and any changes they go through following the event, such as separation anxiety.
- Talk to witnesses: Try talking to anyone who may provide you with witness statements regarding what happened, such as other parents. If you find any witnesses, make sure you get their names and contact information.
- Contact an experienced Boston child injury lawyer at Sibley Dolman Gipe Accident Injury Lawyers, PA.: Finally, you must speak with an experienced child injury lawyer as soon as possible. At Sibley Dolman Gipe Accident Injury Lawyers, PA, we can discuss the proper course of action you need to take following a daycare accident while ensuring your child’s rights are protected every step of the way.
3. If the insurance company is trying to contact me following my child’s Boston accident, should I speak with them?
One of the most common mistakes individuals make following an accident is they believe that the insurance company wants to help them. You need to remember that the insurance company is a business that wants to make money. By decreasing the amount of your claim or denying it altogether, they can accomplish this goal.
That is why they will try any tactic they can to somehow get you to say something that can impact the value of your child’s claim. For these reasons, if the insurance company is trying to contact you about your child’s incident, it is best to refer the adjuster to an attorney and refrain from making any statements to them or signing any documents.
When you work with the legal team at Sibley Dolman Gipe Accident Injury Lawyers, PA, our attorneys can take over these discussions for you and ensure you do not say anything that can hurt your child’s claim.
4. If the insurance company offers my family a settlement amount, following my child’s Boston accident, should we accept it?
Not until you call the Boston child injury attorneys at Sibley Dolman Gipe.
It may seem like a good idea to accept money from the insurance company for your child’s injuries. Yet, quite often, it is not in your family’s best interest. Why? Because the insurance company is not looking out for your family. When the insurance company offers you a settlement amount soon after your child’s incident, it is usually because they hope you will accept their meager offer before talking to an attorney.
However, it is crucial to understand that once you accept this amount, you do not get to go back for more money down the road. That is why we recommend that you do not accept any offer until you have a good understanding of all your child’s expenses and future medical needs. Otherwise, you may end up losing out on the compensation you will require.
If you have received a settlement offer for your child’s injury, speak to our knowledgeable child injury lawyers as soon as possible. Our legal team can review whether this amount is fair to you, and if it is not, we can go after an amount that is.
5. If my child was injured by a defective toy in Boston, can I sue for their injuries?
Yes. If a defective product or toy hurts your child, you can file a Boston child injury lawsuit on their behalf for the injuries they sustained. Massachusetts makes it a point to protect its residents and visitors from defective products and encourages companies to act responsibly by allowing injured consumers to seek compensation for their losses and damages. Consequently, when these defective products or toys cause an injury, the seller or the maker of the product can be held accountable.
If a defective toy has injured your child, you need to work with an experienced Boston child injury lawyer who can determine whether your child has a viable injury claim and which parties can be held responsible for the harm your child endured.
6. What legal actions do I have if my child’s Boston doctor misdiagnosed a serious medical condition?
If your child’s doctor misdiagnosed your child’s serious medical condition, you may bring a medical malpractice lawsuit against them. Medical malpractice is a grave matter that can lead to catastrophic consequences, especially when the doctor’s mistake ends up permanently harming the child or killing them through a medical misdiagnosis or error.
However, to bring a successful medical malpractice claim, you would need to show:
- Your child’s medical care provider was negligent.
- Their negligence caused your child’s injury.
- Your child suffered significant damages or losses because of the injury.
That is why if your child’s medical condition was misdiagnosed, you must speak to an experienced child injury attorney as quickly as possible. When you work with our legal team, we can verify whether your child has a viable medical malpractice claim and, if so, pursue the full compensation to which the law entitles you.
7. If a dog attacks my child, do we have any legal recourse in Boston?
In Massachusetts, a dog owner may be held liable if their dog bites or attacks another person or child.
Typically, this liability comes up in these situations:
- A dog owner can be held responsible if their dog bites their visitor.
- A dog owner can be held accountable if the dog is alone outside and runs off their property, and injures a passerby.
- A dog owner can be held liable when a young child wanders onto their property without invitation, and the dog bites them.
If a dog has attacked your child, seek legal help quickly. At Sibley Dolman Gipe Accident Injury Lawyers, PA, we can go over your child’s dog bite incident, figure out whether they have a viable claim, and pursue the compensation they need.
8. If my child was injured on another person’s property in Boston, can they file a claim for their injuries if they were trespassing?
Under Massachusett laws, a property owner can be held liable if a young child is harmed by an unsafe condition on their property, even if the child was trespassing. These laws were created to recognize that children may not have the understanding needed to assess the potential dangers on a property or that they were trespassing.
Typically, these landowners can be held responsible for injury to a trespassing child when they maintain an artificial condition on the property and:
- The place where the condition exists is one where the landowner knows or should have known that children are likely to trespass.
- The condition is one that the landowner knows or should have reason to recognize that it creates the potential for unreasonable risk of serious bodily injury or death to a child who trespasses.
- The children, because of their immaturity, do not understand the risks associated with that condition.
- The burden of eliminating or maintaining that condition is slight compared to the risk it can cause to the children.
- The landowner did not use reasonable care in eliminating the dangerous condition or try to protect the children from it.
These claims are incredibly complicated and challenging to evaluate. Many times the defendant will try to argue that this law only applies to very young children. Thus, if an older child is harmed, the other side will contend that the child had the maturity level and understanding of the danger and should not collect damages.
For these reasons, if your child has been seriously injured because of a dangerous condition on another person’s property, you need to speak to our experienced legal team and learn more about your child’s rights.
9. Why do I need to contact Sibley Dolman Gipe Accident Injury Lawyers, PA, if my child was injured in a Boston accident?
Almost every legal issue that involves an injured child can be incredibly complicated. That is why if your child was harmed in an accident, you need to speak to an experienced Boston child injury lawyer as quickly as possible to fight for the financial recovery your child needs.
When you reach out to Sibley Dolman Gipe Accident Injury Lawyers, PA, our skilled child injury attorneys can provide you with the legal assistance you require, plus so much more.
- We can go over your child’s accident in detail, answer any questions you have, and discuss the legal options you can pursue.
- We can investigate the accident thoroughly, secure valuable documents and evidence, and prepare a comprehensive claim.
- We can handle the negotiations and discussions with the insurance company, ensuring we obtain a top-dollar settlement on behalf of your child.
- We have the resources to bring in experts such as accident reconstructionists, doctors, engineers, and economists to substantiate your claims.
- We can take your case to trial if the other side is unwilling to settle and fight for maximum compensation.
Do not wait to get legal help after an accident disrupts your child’s life. At Sibley Dolman Gipe Accident Injury Lawyers, PA, our attorneys are here to help your family get through this devastating trauma and obtain the money your child deserves. For more information, contact us online today or call us at (727) 351-6129 for a free case review.
Sibley Dolman Gipe Accident Injury Lawyers, PA
76 Canal Street, Suite 302
Boston, MA 02114