One of a parent’s greatest fears is their child getting seriously injured. If another person is responsible for harming your child, you may be looking for ways to hold that person accountable for their actions. Fortunately, help is available from a Marietta child injury lawyer.
An experienced attorney could review your situation and advise you on options for recovering for your child’s injuries. These types of lawsuits have various legal nuances, so it is important to get legal counsel to improve your chances of a successful claim.
Who Can Sue for a Child’s Injuries?
Under the law, only adults are allowed to bring a lawsuit. Although a child under the age of 18 cannot sue for their injuries, their family can sue on their behalf. Alternatively, the child may bring a lawsuit once they reach 18 years old. To determine the best option for a child’s injury lawsuit, consult a seasoned lawyer at our Marietta office.
Lawsuits Made by a Child’s Family
If the injured child is very young, the family may decide to bring the lawsuit on their behalf. In this case, a parent or a legal guardian is appointed to bring the lawsuit and to make all legal decisions.
Damages recovered in a lawsuit brought by a family member are placed into a trust. Unless otherwise agreed, the child may only reach the money in the trust when they turn 18. However, a court may approve of situations where the child may access the money earlier.
Bringing a Lawsuit as an Adult for a Childhood Injury
An injured child has the choice to wait until they reach the age of 18 to bring a lawsuit. Under Georgia Code §9-3-90, the statute of limitations for a child injury lawsuit does not start running until the child turns 18. As such, a victim has two years from their 18th birthday to bring a lawsuit, regardless of how old they were when they suffered the injury.
Damages for Childhood Injuries
Although minor injuries are a natural part of childhood, severe injuries can result when adults act negligently around children. Children injured by another person are entitled to recover compensation for both economic and non-economic forms of harm. A knowledgeable attorney who handles child injury claims could further advise Marietta families about these types of damages.
Economic damages include all financial losses suffered by the child and their family as a result of the accident. These damages include out-of-pocket expenses, such as past and future medical costs, and any lost wages by the parents due to time off of work to care for their child.
Although a child may not be working at the time of the injury, they could recover for loss of earning capacity if the injuries are serious enough to have a long-lasting impact. These damages may be appropriate in cases where an injury limits a child’s ability to work in the future.
An injured child is entitled to recover non-economic damages for their losses that cannot be objectively calculated. This typically includes compensation for their pain and suffering, as well as a loss of quality of life. Loss of quality of life is determined by the daily activities the child is unable to perform due to the injury, such as:
- Playing with their friends
- Participating in recreational activities
- Spending time with their family
- Going to school
Seek Help from a Marietta Child Injury Attorney
Child injuries are understandably an emotional ordeal for the entire family. No parent wants to see their child injured, and if another person is to blame, they may seek legal options for holding that person accountable.
For help making the right legal choices in this difficult time, parents or family members should contact a Marietta child injury lawyer. Give us a call today for a consultation about your circumstances.