When a child is injured in a car accident, the impact extends far beyond the physical injuries. Parents are suddenly navigating medical treatment, emotional recovery, and the complexities of the legal system—all while trying to ensure their child’s future is protected.
How Does Massachusetts Law Treat Children Differently?
Under Massachusetts law, children are not held to the same “reasonable person” standard as adults. Instead, the courts consider what a reasonable child of similar age, intelligence, and experience would have done under the circumstances.
For example, in a pedestrian accident or when determining comparative negligence, a child’s actions are judged differently than an adult’s. A younger child is presumed less capable of understanding danger, meaning defendants and insurers cannot shift blame onto a child the same way they might with an adult victim.
Additionally, if a parent or guardian failed to properly secure a child in a car seat or booster seat, that does not reduce the child’s right to compensation under Massachusetts’ comparative negligence statute. A child’s recovery cannot be diminished due to the negligence of an adult responsible for their safety.
How Are Damages for Injured Children Calculated?
One of the most complex aspects of a child injury claim is determining damages. Children’s bodies and brains are still developing, and the full extent of an injury may not be immediately apparent.
Damages in a Massachusetts child injury claim may include:
- Medical expenses — past, present, and future
- Rehabilitation and therapy costs
- Educational and developmental impacts, including special education needs or cognitive impairments
- Loss of future earning capacity
- Pain and suffering, including emotional distress
- Loss of enjoyment of life, if the injury limits participation in sports, school, or play
By thoroughly documenting how an injury affects both the child and the family, your attorney can ensure the claim accounts for all long-term consequences.
Who Files the Claim and How Does the Process Work?
Because minors (anyone under age 18) cannot file lawsuits in their own name, Massachusetts law requires that a parent, guardian, or “next friend” file the claim on the child’s behalf.
If the case settles after a lawsuit has been filed, the settlement must be approved by a Massachusetts court. The court’s role is to make sure the settlement serves the best interest of the child. Depending on the child’s age or needs, the proceeds may be placed in a restricted account, trust, or structured settlement until the child turns 18, to ensure funds are used solely for the child’s benefit.
Why Does Experienced Legal Representation Matter?
When a child is injured in a car accident, the stakes are incredibly high. Insurance companies often move quickly to settle claims for as little as possible—especially when the full impact of the injury may not be known for years. Children can experience delayed or long-term medical, emotional, and developmental challenges that require ongoing care. Without experienced legal representation, families risk accepting a settlement that fails to cover future needs.
An experienced Massachusetts personal injury attorney will:
- Conduct independent investigations into the crash to establish fault and preserve critical evidence before it’s lost or altered.
- Work with pediatric medical specialists, neuropsychologists, and life-care planners to assess the child’s current and future medical, emotional, and developmental needs.
- Collaborate with economists and vocational experts to calculate the true lifetime cost of care, lost earning potential, and other long-term damages.
- Handle all communications with insurance companies and defense attorneys, protecting families from tactics designed to minimize compensation.
- Navigate Massachusetts’ complex liability and insurance laws, including comparative negligence and underinsured motorist coverage.
- Negotiate aggressively—or take the case to trial if necessary— to secure the maximum recovery available under Massachusetts law.
The right attorney doesn’t just pursue compensation, they ensure that your child’s future care, education, and quality of life are protected.
SUGARMAN’s attorneys have been standing up for injured children and their families across Massachusetts for decades—holding negligent drivers, corporations, and insurers accountable. If your child has been injured in a car accident, and you would like to speak to one of our attorneys, call 617-542-1000, email , or fill out our contact form.