Richmond Hill Child Injury Lawyer

Children injured by others’ negligent actions have the same rights as adults in receiving compensation for damages. However, minor children cannot pursue a claim or file a lawsuit, and under Georgia law, minors cannot enter into settlement agreements.

As a result, the parents or legal guardians must seek compensation on a child’s behalf. Although the legal process differs slightly for child injury cases, a knowledgeable Richmond Hill child injury lawyer can help guide families through the system. Call our office today to schedule a consultation with an experienced personal injury attorney.

Proving Negligence in Child Injury Cases

Georgia is an at-fault state, meaning that injured parties must prove that their injuries were a direct result of the at-fault party’s actions. The same legal elements are required to prove negligence, whether the injured party is an adult or a child.

The negligent party owed the child a duty of care
They failed to meet the duty of care owed to the child
The child was injured because of the breach of duty
The child sustained damages as a result of the injuries

When evaluating evidence, the courts examine whether the defendant’s actions were what any reasonable person would do in similar circumstances. In child injury cases, the reasonable standard is adjusted for the child, considering their lack of understanding of actions and consequences.

Filing a Personal Injury Claim

A Richmond Hill child injury attorney will review the information and prepare a settlement demand letter outlining the injuries and damages. They present their supporting facts and legal arguments and conclude with a settlement amount. Since most child injury claims are negotiated with insurance companies, they are likely to return a counteroffer, usually for a lower amount.

Child-Injury Laws

Most settlements or verdicts are held in trust until the child reaches majority. The courts decide how and when funds are used before the child reaches 18. If settlement amounts are below $15,000, the child’s parents or guardians may accept it on behalf of the child. Any settlement over $15,000 requires a legal conservator appointed by the courts.

Parents or guardians must petition the court to become legal conservators for their minor child. They can then ask for court approval to accept the settlement offer. These added steps ensure that a minor child’s rights are protected.

Understanding the Statute of Limitations

The statute of limitations for personal injury claims is two years from the date of the accident, with some exceptions. Because children cannot legally file a lawsuit until they are legal adults, the two-year limitation begins on their 18th birthday. However, waiting until children can file their injury claims delays recovery of economic and non-economic damages.

Delayed claims also risk the loss of evidence, unavailable witnesses, and other critical information essential to proving negligence. It is in the child’s best interest to speak with a Richmond Hill injury lawyer as soon as possible.

Receiving Compensation for Losses

Child injury cases can result in economic and non-economic damages. Careful consideration is given to the life-long impact of the adolescent’s injuries. Compensation may include the following:

Reduced quality of life
Loss of earning potential
Ongoing medical and personal care
Medical expenses, including current and future medical needs
Continuing treatment for developmental delays and special education

Medical experts, financial advisors, and professionals may assist in evaluating compensation for current and future damages to help recover sufficient resources to meet an injured child’s needs.

Speak With a Child Injury Attorney in Richmond Hill Today

The emotional, psychological, and physical toll that child injuries take on parents and guardians can push legal compensation to the bottom of the list.