When your child gets injured, do you have legal recourse to get compensation? What if the responsible party was a child? These are common questions, and the answer is that it depends on your situation.
To find out if you can get compensation on behalf of your child, John Foy & Associates can help. We have personal injury lawyers who specialize in child injury cases. If you live in College Park, reach out to our personal injury lawyers in College Park for a free consultation.
Parental Liability Laws
Let’s approach the issue from the perspective of a child hurting someone. Under Georgia law, if a child hurts an adult, the parents are liable for paying for the injury claim, like if a child causes a car accident. This is under Ga. Code § 51-2-2.
Another law covers child-on-child violence. This is Ga. Code § 51-2-3. If a child is intentionally malicious and hurts your child, the parents are liable. However, liability is only limited to $10,000.
However, there may be cases where you could get more, depending on the age of the child and the severity of the injuries. Until you speak with a child injury lawyer in College Park, it’s hard to say how much you could get for your child’s injuries.
Get the strong arm
My Child Was Injured By a Bully. What do I Do?
If your child was hurt by a bully, first take them to the doctor to get a diagnosis. If the attack happened on school grounds, speak with the school to see if they made a report about the incident.
Once you’ve done that, talk with our child injury lawyers. We will perform an investigation to get the full story of what happened. If you have a case, we will add up all the damages your child suffered, find out which laws apply to your situation, and fight for as much compensation as you can.
If the two children involved go to the same school, you may also wish to notify the school so that they are aware of the bullying situation. If they fail to prevent future harassment, they could open themselves to liability.
My Child Was Cyber Bullied. Do I Have Any Recourse?
There’s no question that cyberbullying can cause great humiliation or social stigma. Adults know that some of our deepest wounds are emotional, not physical. The cost of therapy and mental health treatment for bullying is expensive, but can you seek compensation?
Georgia law says you can, but only if there was also a physical injury. However, depending on how your child was damaged, there may be other losses or damages you could use to seek compensation. A conversation with one of our College Park child injury attorneys can confirm whether you have a case.
Schools often offer laptops and tablets now to students. If your child was harassed through a student-issued device, the school will want to know about the situation. You may wish to speak with us first to see if the school is liable.
Can I Hold the School Liable for My Child’s Injury?
If a child attacks another child on school property, the school has a duty of care for the children. You may be able to sue the school directly for damages, but the laws surrounding this can be tricky to navigate.
Government institutions have a lot of immunity laws and legal hurdles before you can sue them. Fortunately, with the help of John Foy & Associates, you have someone on your side who can help you to a successful conclusion.
One key thing you’ll need to do is to start your case as soon as possible. The statute of limitations for personal injury cases involving government agencies, like schools, is a few weeks, rather than several years.
What If an Adult Has Hurt My Child?
If you know it was an adult that hurt your child, your case is much more straightforward. As the parents, you have the authority to sue the other adult on behalf of your child. It will proceed like any other personal injury matter. However, some situations, such as school bus accidents or product liability cases, may be more complex.
One slight difference in a child injury case is that you could have a lot longer to file your claim or lawsuit. The statute of limitations for minors is much longer than the one for adults. This may give your child the opportunity to sue their aggressor on their own once they become of age.
See If You’re Eligible for Compensation
It’s understandable that you’re extremely angry after someone attacked your child. Don’t get even with them through retaliation. Instead, pick up the phone and call John Foy & Associates. Our child injury lawyers in College Park can assist you. You can also reach out to us online by browsing to our contact us page.