Children are just as vulnerable to accidents and injuries as adults – if not more so. That is why the state of Georgia has established laws designed to help children, their parents, and next of kin take legal action with help from a compassionate personal injury attorney in the face of unexpected losses.
If you are a parent or a child’s next of kin, you can represent them in court after their accident. Sit down with an Alpharetta child injury lawyer to learn more about the laws that are designed to protect children and their families after an accident.
Georgia’s Laws Regarding Child Injuries
Children in Alpharetta are protected by a special subset of the law. Should a child end up injured after trespassing on someone else’s property, for example, that child’s parents can still seek compensation on their behalf. This is because adults, especially those with properties which may appeal to adventurous children, still owe those children a duty of care. This only applies if they live on a property with an “attractive nuisance,” as outlined by Official Code of Georgia § 51-3-3 and Senate Bill 125.
Daycare facilities must also invoke specialized protections to ensure a child’s safety and are required to protect children to the best of their ability. In short, Georgia makes a point to ensure that the law makes room for children who suffer from injuries. Parents of these children, in turn, have a little more flexibility if they want to seek compensation for a child’s losses, and should consult with a child injury lawyer in Alpharetta for guidance.
Invoking the Law in an Injury Case
An attorney could help a child’s parents or next of kin determine what compensation they may be entitled after a child’s injury. While building these cases, the involved parties will be expected to identify the party they believe to be liable for the accident. They will also be expected to provide evidence to back such a claim. Parents’ initial complaint, as filed to a court, does not have to irrevocably prove a person’s guilt but rather should provide the court with enough evidence to suggest reasonable involvement.
An initial complaint should also include the details surrounding a child’s injury, the parents’ overall losses, and the family’s estimated compensation.
Children and Wrongful Death Cases
The parents of a child who dies due to an accident can pursue compensation on that child’s behalf. This is possible even if the parents of that child are divorced or separated. Parents who are still married can request that any compensation they win be delivered to them as a pair. Parents who are separated can discuss the division of compensation based on child custody arrangements. Filing a child’s wrongful death claim is similar to filing any other injury claim. However, parents or a child’s next of kin can also request compensation for funeral costs as well as their own long-term emotional damages.
Children’s Statute of Limitations in Georgia
Most personal injury cases in Georgia give the plaintiff two years from the day the accident takes place to file their claim with the state. However, cases involving a child’s injury are different. The statute of limitations on personal injury cases does not go into effect for children until the injured party turns 18 years old. As such, parents of children who have been injured in Georgia have two years after their child turns 18 – and all of the years leading up to that child’s 18th birthday – to file their suit.
Discuss Your Next Steps with an Alpharetta Child Injury Lawyer
If your child has suffered an injury, and you believe someone else is liable, you can seek justice through the legal system. Call an Alpharetta child injury lawyer to set up your initial consultation where you can discuss the extent of the accident and potential compensation for your losses. You have the right to be compensated for your child’s physical, emotional, and economic losses, so reach out to us immediately.