Georgia Personal Injury to the Child
Provided by HG.org
The injury to a child in Georgia may occur due to negligence just the same as any other harm befalls a citizen of the state, and this could lead to a claim against the perpetrator for the negligence or due to reckless disregard. Children have the same options as adults under the laws of the state to pursue legal action for compensation.
Minors below the age of eighteen in Georgia may pursue compensation for a personal injury the same as most adults, but these cases are unique. It is still important to acquire the services of a lawyer to go after the perpetrator of the incident. However, the family may need to ensure the health and well-being of the child before pursuing the action in the courts. A lawyer may determine to file suit during the recovery period and only move forward once the youth is well enough to make an appearance. It is critical to progress the lawsuit before any statute of limitations ends. The time limit is three years, but there are many different exceptions and exemptions
Personal Injury Claims of Minors in Georgia
It is the parent or legal guardian of a minor that must file suit for instances of personal injury in Georgia. This may involve two different suits simultaneously with compensation for the parent and compensatory payouts for the child. This is to ensure that the parent or legal guardian receives compensation for healthcare and therapy costs. This could also cover any wages the parent loses while providing for the youth. Financial matters that require paying are often covered as well. To compensate for the injury itself, the second claim is necessary. This may also cover future expenses and any wages the child loses for possible work he or she is unable to complete.
The Possible Damages
While the damages in awards to the minor may cover healthcare expenses and lost income, most of the awarded compensation is for the caring of the child by the parent. Future bills for treatment are important to ensure the recovery remains even months or years into the future. The pain and suffering are a key component in personal injury cases. For youths, this factor is essential if the injuries are extensive. The damage to the body could inhibit growth. Then the young person may have complications in his or her wellbeing later in life. Physical therapy is often a necessary element in recovery.
Settlements and Awards Explained
Awards in personal injury claims in Georgia apply a variety of state law factors. Similar to claims with adults, the compensation must remain reasonable and fair. The money awarded through the settlement needs careful planning and handling to provide for any future medical needs. The parental awards should compensate for the legal guardian or parent payments to keep the child safe, in recovery and protected through proper healthcare. However, there are other codes that may apply to the youth in the compensation awards and with the full settlement. The lawyer may explain these elements before the case goes to court.
A lawyer may negotiate a settlement for a childís personal injury, but when the amount exceeds $15,000, after all other fees are taken out of the settlement amount, someone must become a conservator as legally appointed by the Probate Court. This is usually a parent or legal guardian, and the courtís approval is necessary before accepting the settlement on the young personís behalf. There are other limitations on accessing the proceeds at any point before the youth turns eighteen years of age. The lawyer may explain these details before seeking to acquire a settlement from a company, insurance carrier or individual.
Legal Process and the Lawyer
Because of the limitations that may apply to a child in a personal injury case, it is important to have a legal professional attached to the claim. This is important for a variety of reasons, but information is essential moving forward. Knowing what will apply in the specific circumstances is beneficial to the parents and family as well as the child. This could improve chances of success or increase compensation awards.
The family often needs to hire a lawyer that understands the case well. He or she usually provides a consultation to the parents or legal guardian and assesses the case at that time. Once hired to represent the child and family, he or she will work hard to negotiate a settlement or pursue full compensation through litigation in the courts.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.