The injury of a child is frightening and emotionally draining for both the child involved and their parents. Though all parents work hard to protect their children, sometimes accidents still occur. Common situations that lead to the injury of a minor child include:
- Premises slip and falls
- Defective items
- Birth injuries
- Motor vehicle accidents
- Sports accidents
- Swimming pool accidents
- Dog bites
When a minor child is injured because of the negligence of another it is up to the parents or legal guardians of that child to seek compensation. Handling personal injury claims involving children is slightly different than claims that involve adults, but with patience and proper advice it is possible to obtain a reasonable settlement for the injured child.
Georgia Laws for Minors Filing Personal Injury Claims
Understanding Georgia law is vital when preparing to initiate a claim on behalf of your child. In Georgia there are two claims filed when an accident involves injury to a child. One claim is for the parents to compensate them for medical expenses that they, as parents, are responsible for paying. Parents can also include a claim for any wages they lose caring for their child or any other financial penalties that they are faced with because of the injury to their child.
The second claim is filed on behalf of the child in order to recover compensation for injuries to the child, their pain and suffering, and any future expenses that the child may have. A child’s claim must take into account future wages that they may lose as a result of their injury along with medical expenses related to their injury that they may be responsible for as an adult. In certain situations Georgia may require that a guardian ad litem be appointed to make legal decisions on behalf of the child.
In Georgia it is common for the at-fault party to hold the individual making a claim partially responsible for their own injury. The injured person has an assumption of risk that may have contributed to the accident. However, when a minor is involved the assumption of risk is greatly reduced based on the age of the child. A young, immature, child is not held to the same standard as an adult especially children under the age of seven. Children are not held liable in the same way as adults.
Documented Follow-Up Care
Receiving follow-up care in accordance with doctor advice is an important part of all personal injury claims. This care is even more important when minor children are injured. Growing children are at risk of greater long-term injury that is not always immediately noticeable. Swelling and other issues may cause an urgent care pediatrician or other doctor to overlook a growth plate fracture. Follow-up care provided by specialists is the best way to ensure that a child receives fair compensation that adequately covers future medical care.
Accidents that injure a minor can result in the victim and their family to accumulating substantial medical bills while living with long term trauma. Recovering compensation for personal injury claims is a complicated process that is difficult to handle without proper representation. If your child has been injured in an accident contact an attorney immediately. Our personal injury attorneys can offer your family assistance during this difficult time. Angell Law Firm serves Chatham County including Savannah; Clarke County including Athens; Cobb County including Marietta; DeKalb County including Decatur and Stone Mountain; Fulton County including Atlanta, College Park, and Roswell; Gwinnett County including Buford, Lawrenceville, and Norcross; and Oconee County including Watkinsville. Contact our office today at 770-217-4954 to schedule a consultation.