Legal Question in Personal Injury in Massachusetts
hello i am a mother of of 1yr old son while my son was at daycare he was left unattened and fell out of the high chair and hit his head on the floor as a result of his injuries he ended up with a gash on his forehead above his left eye.. Now the daycare provider has liability insurance to cover the cost of the medical bills but as a result my son has been left with a permanent scar... My question to you is, is my child entitled to compensation for pain and suffering
6 Answers from Attorneys
Depending upon the facts, your child likely has causes of action which would warrant damages for scarring and pain/suffering.
I'm sorry to hear this.
Did your son receive medical treatment following the incident? The answer to whether you can seek pain and suffering may depend upon the severity of the injury or cost of medical treatment involved. Generally, your son may be entitled to significant damages based upon the fact the he may be permanently scarred.
You should reach out to an attorney as soon as possible, and I would refrain from speaking to the insurance company until you have spoken with an attorney. Best of luck and feel free to contact our office at 617-357-4898.
Probably not pain and suffering, since you cannot have the child testify since it is doubtful he can talk, and when he can talk he won't be able to remember. You can bring a claim for disfigurement. I settled one of these about a month ago. You will probably need to get any settlement approved in court and the court will insist the settlement proceeds be placed out of reach of the parents. It would be smart to retain competent and experienced counsel. Best luck. Regards, JBS
I am sorry about what happened. You may be entitled to pain and suffering, depending on the circumstances (whether they were watching him, etc.). Please feel free to contact me for a free consultation if you would like to discuss this matter.
David Green
There are several potential claims available to you. The fact that your son may be permanently scarred as a result of this incident is significant. I have handled several scarring cases involving children. Because of his age, there is also a possibility that the scar will stretch over time and may appear more visible in the future. Please feel free to contact me if you wish to discuss the claim and the options available to you. 781-331-3811 or email [email protected].
Joseph Curran
Curran & Desharnais P.C.
11 Front Street, Suite 1
Weymouth, MA 02188
781.331.3811 Telephone
781.331.3866 Facsimile
Yes.
stephenrfine.com
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