Accidents involving children can be especially devastating, leaving families facing emotional turmoil, financial strain, and a long road to recovery. If your child has been injured due to someone else’s negligence in Georgia, you may be entitled to seek compensation on their behalf. However, child injury claims come with unique legal considerations that differ from adult claims. In this blog, we’ll explore the key aspects of handling personal injury cases involving children in Georgia and how you can protect your child’s rights and future.
Why Child Injury Claims Are Different
Children are more vulnerable to injuries, and the impact of those injuries can have long-term or even permanent consequences. Because of this, personal injury claims involving children often require a different legal approach. Here are some of the key factors that distinguish child injury claims:
1. Legal Capacity and Guardianship
Children under the age of 18 are considered minors and do not have the legal capacity to file a lawsuit on their own. Therefore, a parent or legal guardian must bring the claim on their behalf. The guardian is responsible for making legal decisions throughout the process, including negotiating settlements.
2. Extended Statute of Limitations
In Georgia, the statute of limitations for personal injury claims involving adults is typically two years from the date of the injury. However, for minors, the statute of limitations may be extended:
Injury Claims: The statute of limitations for filing a personal injury claim on behalf of a child typically begins when the child turns 18, allowing them to file a lawsuit until their 20th birthday.
Parental Claims: Claims for medical expenses or other losses incurred by parents due to their child’s injury must still be filed within the standard two-year period.
It’s important to consult with an experienced attorney to understand how the statute of limitations may apply to your specific case.
3. Parental and Guardian Claims for Medical Expenses
When a child is injured, the parents or guardians may incur significant costs for medical treatment, therapy, and other expenses. In Georgia, parents may file a separate claim to recover these expenses. However, the child’s personal injury claim is distinct from the parents’ claim for out-of-pocket costs.
4. Approval of Settlements for Minors
In Georgia, any settlement involving a minor must be approved by the court to ensure it is in the child’s best interest. This process involves:
Court Approval: For settlements over a certain amount (typically $15,000), court approval is required. This prevents exploitation or unfair settlements.
Structured Settlements: In some cases, the court may order a structured settlement, which provides periodic payments over time to ensure the child’s financial security.
Types of Common Child Injury Claims
Child injury claims can arise from various incidents, including:
Car Accidents
Children can suffer injuries as passengers, pedestrians, or bicyclists. These injuries can range from minor bruises to severe head trauma or broken bones.
Premises Liability
Property owners have a duty to keep their premises safe, especially for children. Injuries may occur due to unsafe playgrounds, swimming pool accidents, slip and falls, or inadequate security.
School and Daycare Accidents
Schools, daycare centers, and other institutions entrusted with the care of children must provide a safe environment. Negligence, lack of supervision, or unsafe conditions can lead to serious injuries.
Defective Products
Toys, car seats, and other children’s products that are defective or unsafe can cause serious harm. Product liability claims can be filed against manufacturers, distributors, or retailers.
Medical Malpractice
Children can suffer injuries due to medical negligence during childbirth, surgery, or routine care. These cases are complex and require thorough investigation.
Calculating Damages in Child Injury Claims
When pursuing compensation for a child’s injury, the following types of damages may be considered:
Medical Expenses
This includes past and future medical costs related to the injury, such as surgeries, hospital stays, rehabilitation, and specialized care.
Pain and Suffering
Compensation may be awarded for the child’s physical pain, emotional trauma, and diminished quality of life.
Loss of Future Earning Capacity
If the injury affects the child’s ability to work in the future, damages may be sought for lost earning potential.
Permanent Disability or Disfigurement
Compensation may be awarded for permanent injuries that impact the child’s quality of life, mobility, or physical appearance.
Special Considerations for Handling Child Injury Cases
Child injury cases require a sensitive and experienced approach. Here are some important considerations to keep in mind:
1. Emotional Impact
Injuries can have long-term emotional effects on children, such as anxiety, depression, or PTSD. These impacts should be documented and taken into account when calculating damages.
2. Long-Term Care Needs
Some injuries require ongoing or lifelong care. An experienced attorney can work with medical experts to accurately project future care needs and associated costs.
3. Comparative Negligence
Georgia follows a modified comparative negligence rule, meaning compensation can be reduced if the injured party is found partially at fault. However, children are often judged by different standards, especially younger children who may not fully understand the risks of their actions.
4. Preserving Evidence
Gathering evidence as soon as possible is critical in child injury cases. This includes medical records, witness statements, photographs, and any other relevant documentation.
How Our Georgia Child Injury Attorneys Can Help
At K. Hall Law Group, we understand the unique challenges families face when a child is injured. Our compassionate and experienced attorneys are dedicated to protecting your child’s rights and pursuing the maximum compensation they deserve. We handle every aspect of your child’s claim, from investigating the incident and gathering evidence to negotiating with insurance companies and advocating for court approval of settlements.
Contact Us for a Free Consultation
If your child has been injured due to someone else’s negligence, don’t navigate the legal process alone. Contact K. Hall Law Group for a free consultation to discuss your options. Call 678-367-3339 or fill out our online contact form. We’re here to help your family through this challenging time and fight for the justice your child deserves.
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