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The Statute of Limitations and Child Plaintiffs

If you or someone you love suffers an injury, you must seek legal aid immediately. You do not have unlimited time to file a lawsuit. In fact, in Massachusetts, you only have three years from the time of injury to file a claim.

But what if the victim is a child? Does anything change? Yes. If a child suffers an injury, the statute of limitations does not begin to run until the child turns eighteen years of age, unless he or she suffers harm in a medical malpractice case, or if the claim is governed by certain statutes.

If your child sustains a medical malpractice injury and is under the age of six, you must file a claim before his or her ninth birthday.

If you do not discover the injury of your child immediately, the deadline to file may not be extended beyond seven years.

So what does all of this mean for you as a parent? It means that seeking highly qualified legal aid is of the utmost importance. It also means that you should retain a lawyer who has experience representing children. After all, the professional you choose will serve as the voice of your child. He or she must also know how best to present a case involving an injured child.

The lawyer you hire should be knowledgeable on all types of injury law, be aggressive, and must understand the importance of taking immediate action. However, he or she should also be compassionate and sympathetic and keep the best interests of the child in mind at all times.

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  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

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