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Finding out your child was hurt because someone else was careless, or worse, because someone abused their trust, is one of the hardest things a parent can face. The medical appointments alone are overwhelming. Add in insurance calls, school administrators who suddenly stop returning your emails, and the quiet fear of whether your child will fully recover, and it is easy to feel like you are drowning.
You do not have to figure this out on your own. Massachusetts law gives injured children and their families a path to hold negligent adults, institutions, and organizations accountable, and to recover compensation for medical care, therapy, and the losses that follow a child well beyond childhood. Kiley Law Group has represented Massachusetts and New Hampshire families in child injury and abuse cases for more than 50 years, and this guide walks through what parents need to know before they take the next step.
Attorneys Thomas M. Kiley Sr. and Thomas M. Kiley Jr. recently authored When a Kiss Isn't Enough to Make It All Better: A Parent's Guide to Catastrophic Child Injury, a free resource built specifically for parents navigating this exact situation. We will point to it throughout this article, and you can grab your own copy near the bottom of this page.
Not every scraped knee or playground fall leads to a lawsuit. A child injury becomes a legal matter when someone else's negligence, recklessness, or intentional misconduct caused harm that could have been prevented. That distinction matters, and it is usually the first thing a Massachusetts child injury lawyer will assess.
Common situations that can support a legal claim include:
If any of these situations sound familiar, it is worth a conversation with an attorney, even if you are not sure yet whether you want to pursue a claim.
Abuse and neglect are not always visible the way a broken bone is. The Massachusetts Department of Children and Families investigates approximately 75,000 reports of suspected child abuse or neglect every year, and the effects on a child can include anxiety, depression, difficulty in school, and physical injuries that go untreated for months.
Under Massachusetts General Laws Chapter 119, Section 51A, certain professionals, including teachers, doctors, therapists, and childcare workers, are legally required to report suspected abuse or neglect to DCF. If you believe a mandated reporter failed to act on obvious warning signs, that failure can itself become part of a civil claim against the institution that employed them.
Abuse and neglect can happen in places parents trust most:
A civil claim against the institution is separate from any criminal case. Even if criminal charges are never filed, or a criminal case does not result in a conviction, families can still pursue compensation through a civil lawsuit. The burden of proof in civil court is lower than in criminal court, which means a civil claim can move forward in situations where a criminal prosecution cannot.
Attorneys Tom Kiley Sr. and Tom Kiley Jr. wrote When a Kiss Isn't Enough to Make It All Better after decades of sitting across the table from parents in exactly this position. The book walks through what to expect after a child injury, how insurance companies evaluate claims, and when negligence or abuse may be involved. It is available now as a free digital download, with a print edition coming soon to Amazon. Download your free copy here.
Liability in a child injury case depends on who had a duty to keep the child safe and whether that duty was breached. A daycare has a duty to supervise the children in its care. A property owner has a duty to keep common areas reasonably safe. A driver has a duty to obey traffic laws, especially in school zones and residential neighborhoods.
In birth injury cases specifically, liability often comes down to whether a doctor, nurse, or hospital deviated from the accepted standard of care during pregnancy, labor, or delivery. Birth injury cases are among the most complex child injury claims because they require medical experts to establish exactly what should have happened and where the care fell short.
Massachusetts also gives injured children more time to bring a claim than adults typically have. Under Massachusetts General Laws Chapter 260, Section 2A, most personal injury claims must be filed within three years. But Section 7 of that same chapter tolls, or pauses, the clock for minors until they turn 18, which generally gives an injured child until their 21st birthday to file suit. That said, evidence and witness memories fade over time, and claims involving a school district, municipality, or other government entity often carry much shorter notice deadlines, so waiting is rarely in a family's best interest.
Compensation in a Massachusetts child injury case is meant to address both what has already happened and what the family may face in the years ahead. Depending on the case, this can include:
Catastrophic injuries, the kind that change how a child will live for the rest of their life, require a different level of case preparation than a routine injury claim. That is part of why Tom Kiley Sr. and Tom Kiley Jr. built their guide, When a Kiss Isn't Enough to Make It All Better, around the specific financial and emotional realities families face after a catastrophic child injury. It covers questions many parents do not think to ask until months into the process, like how future medical costs are calculated and what documentation matters most in the first few weeks.
If you believe your child has been injured through negligence or abuse, a few steps can protect both your child and any future claim:
How long do I have to file a child injury lawsuit in Massachusetts?
In most cases, Massachusetts law tolls the statute of limitations for minors until they turn 18, giving them until their 21st birthday to file a personal injury claim. This general rule does not apply to birth injury or medical malpractice claims, which are governed by MGL c. 231 §60D instead: those claims must generally be filed within three years of when the injury is discovered, children under six have until their ninth birthday, and no claim can be filed more than seven years after the act or omission that caused the injury (except for a foreign object left in the body). Claims against a school district, municipality, or other government entity typically require a much earlier written notice, sometimes within months of the injury, so it is important to speak with an attorney as soon as possible rather than relying on any general deadline.
Exception for Medical Malpractice and Birth Injury Claims: The extended deadline described above applies to ordinary negligence claims. Birth injury and medical malpractice claims are treated differently under Massachusetts law (MGL c. 231 §60D). These claims are generally subject to a three-year statute of limitations from discovery of the injury, with children under six given until their ninth birthday to file, and an outside cap of seven years from the negligent act — meaning the deadline is often well before the child's 21st birthday. Because these timelines are shorter and more complex than the standard minor-tolling rule, families should consult an attorney promptly.
Can I file a civil claim if no criminal charges were filed?
Yes. A civil claim for child abuse or neglect is independent of any criminal case. Even if a prosecutor declines to press charges, or a criminal case does not result in a conviction, families can still pursue compensation in civil court, where the standard of proof is lower than in a criminal trial.
What if my child was injured at school or daycare?
Schools, daycares, and youth programs have a legal duty to supervise the children in their care. If inadequate supervision, unsafe conditions, or a staff member's misconduct led to your child's injury, the institution may be held liable, in addition to any individual responsible.
Do I need a lawyer if the insurance company already offered a settlement?
It is worth having an attorney review any settlement offer before you accept it. Insurance companies often make early offers that do not account for a child's future medical needs, therapy, or long-term impact, and once a settlement is signed, it typically cannot be reopened later if complications arise.
Is there a resource to help me understand what to expect?
Yes. Attorneys Thomas M. Kiley Sr. and Thomas M. Kiley Jr. wrote When a Kiss Isn't Enough to Make It All Better: A Parent's Guide to Catastrophic Child Injury specifically for parents in this situation.
You Don't Have to Face This Alone
A book cannot undo what happened to your child, but the right information can help you avoid costly mistakes and make informed decisions during an incredibly difficult time. Kiley Law Group has spent decades standing up for injured children and their families across Massachusetts and New Hampshire, against insurance companies, corporations, and negligent institutions alike.
Download the free guide, When a Kiss Isn't Enough to Make It All Better, and when you are ready, reach out for a free, no-obligation consultation. We never charge a fee unless we win your case.
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