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Personal Injury Cases Involving Children

According to the CDC Childhood Injury Report, over 9 million children are injured each year. Personal injury cases involving children are often the most difficult and emotionally taxing. As parents seek damages for unintentional injuries to their children, what factors come into play? Below are some considerations for child injury cases.

Consequences for Negligence

In any personal injury case, proving negligence is critical. Negligence is defined as careless behavior, laziness, thoughtlessness, irresponsibility, or failure to fulfill a duty. Companies and/or individuals do not typically intend to cause harm, but their negligent actions can still result in injury to others. As a society, we come to expect a certain level of care from businesses and individuals. Communities are made safer by sending a message that negligent behavior is not tolerated and has dire consequences. Thus, we hold people and companies legally responsible for injuries that result from negligence.

Proving Negligence

Proving negligence is the tricky part of any case. Some circumstances are certainly more straight forward than others. Take the recent incident of a toddler who fell from a cruise ship through an open window. Clearly, no one intended for that child to fall. It was a tragic accident. However, the question in that case is whether the cruise ship company failed to ensure the safety of its passengers by keeping the windows in a children’s play area closed. Was the opening of that window (or the failure to close it) an act of negligence on the part of the cruise ship staff? Negligence can sometimes be factual, but often times it requires subjective opinions on expectations of reasonable care. Having the right legal staff to research incidents and prepare your case is particularly important when the facts of a case are not so straight forward.

Legal Assistance with Personal Injury Cases

No amount of money can make up for the loss of a child or compensate for life-long personal injuries. However, monetary compensation in Massachusetts personal injury cases involving children can help alleviate the burden of providing for that care or be a deterrent to others who may routinely practice similar careless behavior. Psychologically, it can also help bring closure to impacted families.

If your child was injured or killed in an accident and you wish to seek legal action against negligent parties, contact our team for assistance. We understand the complexities of personal injury cases involving children and will passionately advocate on your behalf.

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Attorney John J. Martino offers a broad range of legal services in Eastern MA and Southern NH. As a highly dedicated and experienced professional, he handles cases under the following areas of practice:

Estate Planning

Family Law and Divorce

Real Estate Law

Probate Proceedings

Business Law

Personal Injury

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