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What's the legal process for minors in personal injury cases in Boston, MA? Lawyers, guide me.

a year ago
22

When it comes to personal injury cases involving minors in Boston, MA, the legal process is slightly different than for adults. Here's a detailed overview:

1. Filing a Lawsuit:

If a minor is injured due to someone else's negligence, a parent or legal guardian can file a personal injury lawsuit on their behalf. The lawsuit should include details of the incident, the injuries sustained, and any damages sought.

2. Appointment of a Guardian ad Litem:

In Massachusetts, a guardian ad litem is appointed by the court to protect the minor's interests during the legal proceedings. The guardian ad litem is typically an attorney who represents the minor's best interests and ensures their rights are upheld.

3. Settlement Approval:

Before any settlement can be finalized, it must be approved by the court. The court will carefully review the terms of the settlement to ensure it is fair and in the best interest of the minor. The guardian ad litem will play a crucial role in this process, advocating for the minor's rights.

4. Structured Settlements:

In cases involving significant compensation, the court may require the settlement to be structured. This means that instead of receiving a lump sum, the minor will receive periodic payments over time. Structured settlements are designed to ensure the minor's long-term financial security.

5. Statute of Limitations:

It's important to consider the statute of limitations for personal injury cases in Massachusetts. Minors have a longer time period to file a lawsuit compared to adults. Generally, they have until their 20th birthday to initiate legal action.

It's crucial to consult with an experienced personal injury attorney in Boston, MA, to navigate the specific details of your case. They can provide tailored guidance and ensure the minor's rights are protected throughout the legal process.

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