If your child or teen suffered injuries due to someone else’s negligence, your family has options. You can take steps to pursue compensation and hold the at-fault party accountable. You should not have to pay medical bills and other expenses out of your own pocket. The liable party is legally responsible for these costs. A Marietta child injuries lawyer from our team manages these cases for families in our area.
At Atlanta Personal Injury Law Group, we offer free initial consultations for families dealing with a child’s injuries and recovery. We can answer your questions, provide information about your options, and explain how we handle similar cases. Contact us today to learn more.
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How Atlanta Personal Injury Law Group Represents Families in Child Injury Cases?
At Atlanta Personal Injury Law Group, our attorneys aim to recover compensation and hold the liable parties accountable. We fight for the money our clients need to pay bills and cover other damages. To secure fair compensation, we must show that the accused party bears legal responsibility for what happened and the resulting injuries.
This process is often stressful and challenging for victims and their families, especially when those hurt were children. Our team members understand these issues and handle all aspects of the case. This way, parents can focus on their child’s treatment, rehabilitation, and emotional recovery.
We start from the first day, managing:
- All communication related to the case
- Regular case updates
- An investigation into the incident
- Interactions with the insurance companies
- Your insurance claim
- A personal injury lawsuit, when necessary
We represent clients based on contingency. We do not ask them to pay upfront fees for our services. Instead, we pursue compensation in their case and receive a percentage of the payout as our attorney’s fees. They only pay these costs if we secure a payout for them. This fee arrangement ensures any family can afford legal representation based on their child’s Marietta injuries.
What Happens When a Child Suffers Injuries in Marietta, GA?
When a child suffers significant injuries, they require specialized care.
According to the Georgia Department of Public Health, children suffering serious injuries in Marietta will likely receive treatment at one of the area’s two pediatric trauma centers:
- Children’s Healthcare of Atlanta at Egleston, a Level I trauma center
- Children’s Healthcare of Atlanta at Scottish Rite, a Level II trauma center
These two hospitals manage the most significant injuries children and teens suffer in and around Marietta. Other hospitals might render care for fractures, dislocations, sprains and strains, and other similar injuries. Those with more serious injuries requiring a trauma team will most likely be transferred to one of the trauma centers.
At the hospital, the staff will stabilize the child’s injuries and begin treatment. There is a wide range of possible injuries, necessary treatments, and potential outcomes. Some children will require inpatient care, rehabilitation, ongoing care and support, or follow-up treatment. This could mean an extended time away from work for parents and out of school for children.
Damages Available When Our Marietta Child Injuries Lawyer Seeks Compensation
The costs of a serious injury often add up quickly. Medical bills begin arriving within weeks of an injury and often before injuries heal. Addressing these expenses and holding the at-fault party accountable is the purpose of an insurance claim or lawsuit.
The recoverable damages could include money for
- Medical care and related expenses to date
- Future treatment, support, and care costs
- Income lost while parents are out of work
- Losses related to the child’s lasting injuries
- Relevant expenses with receipts, such as traveling for treatment
- Pain and suffering, current and future
Our attorneys document the damages suffered as a part of building a strong case and seek appropriate compensation based on them. It could be through insurance settlement negotiations, a personal injury lawsuit in civil court, or both options concurrently.
Wrongful Death of a Child
If a child tragically passes away in an accident, parents can pursue compensation for medical bills and funeral and burial costs through a wrongful death action.
How Our Marietta Lawyers Build a Case to Hold the Liable Party Accountable?
When our child injury lawyers represent a family with a hurt child, we know how important it is for their focus to remain on the child’s fullest possible physical and psychological recovery. To this end, our team manages all aspects of their insurance claim and/or lawsuit. We handle all communication with the insurers and protect their right to fair compensation.
We generally represent parents acting on behalf of their child and seeking compensation for the family. However, we also work with teenagers injured previously who are filing on their own behalf. This route is possible in some circumstances.
Regardless of who’s taking action, you can recover compensation in these cases by:
- Filing an insurance claim and negotiating a fair settlement with the insurer
- Filing a personal injury lawsuit and winning an award at trial
Depending on the circumstances of the case, we might prefer one of these approaches over the other. Sometimes, we navigate both concurrently. Most successful cases settle outside of court, even when we sue. However, we are ready to go before the judge and jury in any case if it proves necessary.
How Long Do We Have to Sue?
Per state law, victims generally have up to two years to file a personal injury lawsuit. However, there are exceptions. In child injury cases, one of these exceptions might apply. The state tolls the statute of limitations for victims under age 18. The clock does not begin ticking until the child’s 18th birthday. Other deadlines could apply, though.
Our team likes to get started on these cases as soon as possible because:
- Some evidence disappears over time.
- Witnesses move or forget what they saw.
- Families need the money sooner rather than later.
Our Marietta Child Injuries Lawyers Understand How These Cases Work
Children and teens suffer injuries in a wide range of negligence accidents. Another party’s carelessness or recklessness can cause injuries in many ways.
Some common examples include:
- Traffic accidents
- Pedestrian and bicycle accidents
- Boating accidents
- Slip and falls
- Trip and falls
- Dog bites
- Pool incidents
- Other recreational injuries
Proving Negligence in a Child Injuries Case
When one party’s bad behavior causes another to suffer injuries, the incident could support a personal injury claim or lawsuit. This is how these cases work. Our attorneys show the accused party acted negligently, allowing us to seek fair compensation based on the client’s losses and expenses.
Negligence occurs when there are four elements present:
- Duty of care
- Breach of duty
- Causation
- Harm
We need to show these four things occurred to hold an accused party accountable for a child’s injuries. We do this process by investigating what happened and gathering evidence.
The steps we take to do this task could include:
- Obtaining police incident reports or other official documents
- Requesting relevant medical records
- Surveying the scene where the incident occurred
- Identifying and interviewing eyewitnesses
- Seeking any photographs or video of the scene
- Working with accident reconstruction specialists
- Hiring expert witnesses to learn about future care needs and costs
- Documenting the damages suffered
Our attorneys know how to build these cases and hold the liable party accountable, including recovering fair compensation. If we represent your family in one of these cases, we can fight to secure the money you need to ensure your child receives the quality treatment, care, and support they need and deserve.
Frequently Asked Questions (FAQs) for Our Marietta Child Injuries Lawyers
Our Marietta child injury attorneys provide answers for clients’ about their cases every day. Below, we give general answers to the most common questions they ask. For answers to additional questions or information specific to your case, we invite you to reach out for a free case review.
Can a Child Sue in a Personal Injury Case?
Only adults can sue for compensation under state law. Children and teens under age 18 cannot file a lawsuit even if they are the victim of a personal injury. Instead, there are two options.
Either their parents or guardian would sue on their behalf, or they wait until after their 18th birthday to begin the process. Since families often need compensation to pay medical bills and cover other expenses as soon as possible, many opt to pursue a case on their child’s behalf.
Our team can offer the pros and cons of each option and help you decide what to do next during a free initial consultation.
What Are Some Common Causes of Childhood Injuries?
According to the Centers for Disease Control and Prevention (CDC), the most common ways children suffer serious injuries are from traffic accidents, suffocation, drowning, poisoning, burns, and falls.
Most of these injuries are preventable and occur because of someone else’s negligence. In many of these situations, the child’s family has the right to seek compensation for medical bills and other related expenses.
Who Can Sue on Behalf of a Minor?
In most cases, a child’s parent, both parents, or a legal guardian has the right to sue on behalf of their injured child. This allows the family to pursue compensation to cover their expenses and losses without waiting until the victim turns 18. State law is specific on how the compensation recovered in these cases is split between the parents and child. Your attorney can explain further explain these details as necessary.
What Is the Minor Tolling Statute in Marietta?
Like many other states, there is an exception to the personal injury statute of limitations when it comes to minors injured in Marietta. This exception allows accident victims to wait until they turn 18 to sue instead of their parents acting on their behalf. It extends the deadline to begin a lawsuit from two years following the incident.
With the minor tolling statute in place, those injured as minors must file their lawsuit before their 20th birthday. The clock does not begin ticking on the two-year deadline until they turn 18.
How Can a Lawyer Hold the At-Fault Party Accountable?
Working with an attorney makes it much easier for some families to hold the at-fault party accountable and recover compensation. When you choose to work with our team, our lawyers handle all aspects of the case. You can focus on your child and their care while we take care of the rest.
We manage all communication, build the case, and fight for a fair payout. We know how to deal with insurance companies and their attorneys. We file insurance claims and lawsuits regularly. You can trust us to manage your case from start to finish.
When Should I Call an Attorney About My Child’s Injuries?
We recommend contacting our team as soon as your child’s injuries are stable. The sooner we go to work on a case, the stronger the evidence available. While we generally do not file an insurance claim or lawsuit until the child’s injuries heal or we have a good understanding of their prognosis, we can begin our investigation into what happened immediately.
If you did not call us early in the process, reach out as soon as possible. We can assess the case and determine your options and how we can help. We are ready to go to work for you when you connect with our team.
Discuss Your Options With Our Legal Team for Free Today
Personal Injury Lawyer in Marrietta, we provide free consultations for families whose children suffered injuries. If you have questions or want to learn more about your options, we are here for you. We can review the case facts, explain the applicable laws, and discuss your next steps.
Contact us today at (833) 285-9467 to learn more.
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