When a child is injured, it can have a devastating impact on their entire family. If the accident occurred because of another adult’s reckless actions, parents may wish to seek justice on behalf of their child. Anyone who acts negligently and injures a child should be held responsible for the damages they caused.
Contact an Atlanta child injury lawyer to discuss the legal procedure for getting the compensation your family deserves. An experienced attorney could help you hold the at-fault party accountable and work to secure the resources your child needs for recovery.
Although minor bumps and bruises are a natural part of childhood, adult negligence can cause serious harm to children. If a family and their local attorney can prove that an adult acted negligently in causing injuries to a child, they may be able to hold that person financially liable for all ensuing losses.
Negligence requires the plaintiff to establish four elements. These elements are:
Everyone has a duty to others to act in a manner that avoids causing injury. Furthermore, those entrusted to care for children have a heightened duty to keep them safe from harm. When a defendant acts unreasonably and causes harm or allows a child to become injured, they have breached their duty.
Once an attorney establishes that the defendant’s breach caused the child’s injuries, they must show compensable damages suffered by the child and their family. Damages can include economic losses, such as medical expenses, as well as non-economic losses like pain and suffering.
Punitive damages may be available in rare cases. Under Georgia Code §51-12-5.1, a family may receive punitive damages if the defendant acted intentionally or egregiously in injuring the child. A knowledgeable attorney at our Atlanta office could advise on what damages may be available in a particular child injury case.
Depending on the circumstances of the accident, a child’s family may wish to file a claim with the insurance company of the at-fault person. The insurer may then begin an investigation and reach out to the child’s family for their version of the events.
The insurance company will determine whether their insured is responsible for the child’s injuries. At any point in the insurance investigation, it is crucial to have dedicated legal representation. Although an insurance investigation is not part of a lawsuit, the victim and their family are still entitled to an attorney’s assistance. The experienced lawyers at our firm could facilitate any communication with the insurance company and fight for a fair settlement.
When a family works with an attorney, the insurance company may take the claim more seriously and present a better offer. A lawyer with experience handling child injury cases in Atlanta could also advise on whether to take the insurance company’s offer or proceed with a lawsuit.
When a serious accident involves a child, emotions tend to run high. Understandably, family members may wish to seek justice and hold the negligent party accountable for their actions.
For help making the right decisions during a difficult time, it is best to contact an Atlanta child injury lawyer. Our firm is here to offer compassionate guidance throughout the legal process and advocate for the best interests of you and your child. Schedule a case evaluation today.
