The serious injury of a child weighs heavily on their family. No amount of money can remove this emotional burden, but some relief can come from knowing that any at-fault parties are held accountable for their actions.
Furthermore, a personal injury settlement or jury award could cover the economic costs of a child injury – from medical expenses to diminished future earning potential. Our Atlanta personal injury lawyer can represent you in your pursuit of compensation. We work on getting results, so you can work on healing your family.
Compensation an Injured Minor Can Recover in Georgia
Title 51 of the Georgia Code of Laws protects people under 18 against the economic and non-economic consequences of personal injury. In Atlanta, if a child suffers an injury from another party’s negligence, the minor could receive compensation for such damages as:
- Pain and suffering
- Emotional distress
- Permanent injury
The injured minor’s parents also enjoy the right to recover economic damages like medical expenses on behalf of their child.
For a free legal consultation with a child injury lawyer serving Atlanta, call (404) 888-8888
How Our Child Injury Attorneys Can Help Recover Damages
Although a child has the right to recover damages for injury caused by another person’s negligence, a minor would not be able to negotiate a settlement. In these types of cases, our law firm can step in to represent a child’s best interest – as well as those of the minor’s parents and family.
Our lawyers handle cases stemming from all types of personal injury causes, including:
- Car accidents
- Dog bites
- Bicycle accidents
- Medical malpractice
- Slip and fall accidents
- Truck accidents
- Motorcycle accidents
- Construction accidents
Atlanta Child Injury Lawyer Near Me (404) 888-8888
We Handle Wrongful Death Lawsuits with Professionalism and Compassion
Our firm also handles wrongful death actions. If your child died from injuries another person’s negligence caused, you could have a right to pursue a wrongful death action. This process could provide you:
- Burial/cremation costs
- Funeral expenses
- Loss of love and companionship
- Losses your child could have recovered had they survived their injuries
This compensation would not absorb the pain of the loss of your child, but it could cover the necessary economic costs of their injury and passing and offer you some closure.
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Our Personal Injury Lawyers Will Handle the Insurance Company
Most personal injury cases settle without ever going to court. This does not mean it is a good idea for you, as a parent, to work directly with the insurance company to settle your child’s case. Keep in mind that insurance companies are in the business of selling policies, not paying claims.
They have the means and the motive to:
- Stall your claim/ payment
- Deny your claim
- Undervalue your claim
The at-fault party’s insurer might reach out to you. They could seem sympathetic as they ask questions about the incident and about how you and your child are doing. Please know that the insurance company will use whatever you say against you in your effort to recover damages.
Consider exercising caution. Say nothing, agree to nothing, and sign nothing without our legal counsel.
What Our Law Firm Serving Atlanta Does in a Child Injury Case
Our lawyers will ensure nobody jeopardizes your right to fair compensation. We will:
- Investigate your child’s accident
- Establish the at-fault party’s negligence and liability
- Research and calculate your and your child’s damages
- Present your damages to the insurance company
- Negotiate a settlement
- File a lawsuit if the insurer refuses to agree to a fair settlement
- Represent you in civil court
How We Establish Liability When a Child Suffers Injury
A plaintiff must do more than prove that another person caused an injury to succeed in a personal injury claim. Georgia law requires proof that the at-fault party was negligent. Our lawyers will construct a case that satisfies the four essential elements of a personal injury lawsuit, as follows:
- Duty of care: The at-fault party owed you and/or your child a responsibility to act in a way that would keep your child free from harm.
- Breach of duty: The at-fault party violated their duty of care.
- Causation: This breach of duty caused you and/or your child to suffer injury.
- Damages: Your child’s injury resulted in physical, emotional, and financial losses.
Gathering Evidence to Prove Your Case of Negligence
Our child injury lawyers will listen carefully and document your version of events leading to your child’s injury. Every detail you can recall will help us build our arguments of duty, breach of duty, and causation.
Your child injury lawyer will also take the initiative to investigate and uncover our own supporting evidence. Toward this end, our firm will:
- Obtain the police/accident report
- Interview witnesses
- Work with accident reconstruction specialists
- Collaborate with medical experts
Establishing that You are Eligible to Collect Compensation for Your Child’s Losses
The losses your child has faced (and will continue to face) because of their injury reach far beyond a stack of medical bills. Our attorneys have worked enough personal injury cases to know that serious physical injuries can present economic damages well into the future.
Ongoing medical treatments or your child’s diminished future potential earnings are potentially recoverable future-oriented losses.
Our legal team can bring in experts to report on the nature and extent of your child’s present and future accident-related losses. We will also calculate your income losses from taking care of your child and costs that include:
- Medical treatment
- Home modifications
- Mobility devices
- In-home care
Georgia Laws Limit the Amount of Time You Have to Sue for Your Child’s Injuries
Most personal injury cases in Atlanta never go to trial. Rather, the parties settle during negotiations with the insurance company. The parties could also settle during pretrial proceedings after the plaintiff (and/or their lawyer) files a lawsuit. This may occur in your child injury attorney case.
However, you should know that Georgia O.C.G.A. § 9-3-33 establishes the statute of limitations for child injury cases. As the child or parent in this case, you have two years from the date of the alleged injury-causing incident in which to file a lawsuit against the negligent party(ies).
For a wrongful death suit, O.C.G.A. § 9-3-33 gives you two years from the date of the alleged negligence, and for medical malpractice lawsuits, you also have two years to take legal action, as per O.C.G.A. § 9-3-71.
Our Atlanta Child Injury Lawyers Are Here to Help Your Family
When considering hiring our law firm to represent you and/or your child, factor in the amount of time your entire case will require of us. You must provide for this time to ensure that the statute of limitations does not expire. This way, we still have time to file a lawsuit if necessary.
If your child suffered an injury or death in Atlanta due to another person’s negligence, you could have the right to demand compensation. These matters can be complicated and stressful if you try to handle them on your own.
Call Bader Scott Injury Lawyers Today so We Can Get Started on Your Case
Let our attorneys take this burden off your chest. We work on a contingency fee, meaning you pay our legal fees only when and if our lawyers win a settlement or court award on your or your child’s behalf.
Call Bader Scott Injury Lawyers today for a free consultation: 404.888.8888.