The unfortunate reality is that kids in Lithonia frequently sustain injuries caused by other people’s recklessness and negligence. When adults undergo the same experience, they can file a personal injury lawsuit seeking compensation for their out-of-pocket expenses. On the other hand, minors can recover damages in court, but their cases are unique because of their tender age.
The state’s child injury laws are relatively straightforward, but it can be difficult to pursue compensation due to the case’s unique elements. Fortunately, we’re home to Lithonia’s top personal injury lawyers ready to help you navigate the challenges and file a successful claim.
The Complex Nature of Lithonia’s Child Injury Laws
Generally, a minor’s personal injury claim follows the same procedure as an adult’s. You must determine liability for the injuries, ascertain whether the accident was caused by negligence, compile the overall costs of damages, and provide sufficient evidence to support the claim. However, several rules make these cases unique.
Different Liability Rules
Personal injury claims involving children aren’t like the typical adult injury lawsuit. The law assumes that minors below 18 don’t possess the well-informed judgment of their adult counterparts and has fashioned specific rules governing liability and compensation in accidents involving kids. If you don’t understand the specific statutes, it can be hard to prove liability and seek the deserved compensation.
Strict Timelines for Filing Personal Injury Claims
Georgia’s statute of limitations determines how much time you have to file your child’s injury lawsuit.
According to the law, you have two years to do this, and the time begins on the day they sustained their injuries. Another statute also allows the kid to file a lawsuit once they attain the legal age of 18. Delaying the claim could lower the chances of obtaining fair remuneration for your damages.
A Different Approach to Accessing Compensation
Courts usually impose different regulations and limitations on when and how a parent or “adult friend” will access the child’s compensation before they turn 18. Typically, the money is stashed into an interest-yielding bank account that the child’s guardian or parent holds in trust.
The Probate Court must name the caregiver as the legal conservator if the proposed settlement is higher than $15,000. They must seek the court’s approval before acknowledging the proposed reimbursement on their kid’s behalf. But if the gross settlement is below the $15,000 limit, the guardian or parent can settle the claim without the court’s approval or becoming a conservator.
Generally, the above are the key legal complexities of filing a child injury lawsuit. But these should be the least of your worries because Lithonia’s leading personal injury attorneys will relieve you from them and simplify the experience.
How Can a Child Injury Attorney in Lithonia Help Your Case?
Numerous challenges could prevent you from getting the full compensation for your child’s injuries, and you could get nothing at all if you’re not versed with the relevant laws and due process. However, involving a reputable Lithonia child injury attorney will benefit your case in the following ways:
- A lawyer knows your child’s rights – Besides lacking well-informed judgment, kids also don’t know their rights, and it’s easy for their parent or guardian to be exploited as well. But an experienced child injury lawyer in Lithonia can prevent this by defining and defending their rights.
- Gathering evidence – After the injury, you’ll be busy working on your kid’s well-being, and there’ll be no time to gather critical evidence. An attorney will handle the legal business for you, collecting the right facts, documentation, and witness accounts for a strong case.
- Maintaining healthcare records – Although these are vital when you want to prove damages, it’s easy to lose them in the long run. An attorney will keep track of critical hospital documentation to support your case.
- Insurance negotiations – It’ll be hard to negotiate a fair settlement if you don’t know the rules or possess the relevant skills. Children’s injury attorneys have the knowledge and experience to fight for the best compensation possible.
- Peace of mind – Your child’s injuries have been devastating enough, and you may not be in the best state of mind to follow up with the legal remedies. Delegating this to an experienced legal professional will give you peace of mind.
- Filling the lawsuit – Your claim will likely settle before trial, but what if you fail to agree on a settlement amount? An attorney will come through for you by taking the case to trial and fighting for your best interests.
These are just a few leading reasons to involve an attorney in your case. Still, you stand to benefit even more if you partner with reputable Lithonia child injury attorneys from our firm. For instance, they’ll evaluate your case for free, and the legal fees will only be deducted from the settlement check.
How Much Is the Compensation for Child Injury Claims?
State and federal laws don’t have a standard reimbursement designated for child injury claims. Factors like injury severity and extent of damages will come into play, but the main determinants of the potential settlement are the different elements of damages in your case. Generally, compensation is classified into compensatory and punitive damages.
Compensatory Damages
This reimbursement is directly related to your child’s injuries after the accident. It’s further classified into economic and no economic damages.
Economic damages are meant to cover the out-of-pocket expenses you incur due to your child’s injuries. They include:
- Medical costs, including medication, surgery, and therapies
- Costs of adjusting to their new life, like purchasing crutches or a wheelchair
- Lost income while you were caring for your child
Non-economic or general damages are more subjective, compensating for the harm inflicted on the injury victim. They include:
- The injuries
- Pain and suffering
- Loss of enjoyment of life
- Scarring or disfigurement
- Permanent disability
Punitive Damages
Compensation may also entail punitive damages, but these are issued only when there’s gross negligence and recklessness or when the harm was intentionally inflicted.
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Has your child been injured because of another person’s criminal act, recklessness, or negligence in Lithonia? Our experienced Lithonia child injury lawyers are ready to help you secure adequate compensation for the injuries. Ring us to schedule your free case evaluation.
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