Children in Cherokee County and throughout the state of Georgia have the same legal rights as adults to demand compensation for their losses following an accident. However, this idea appears to conflict with the idea that children are unable to enter contracts or initiate lawsuits. In fact, state law does not even allow parents to settle lawsuits on behalf of their children under certain circumstances.
Even so, this should not discourage the parents of injured children from pursuing a case on behalf of their kids with help from a qualified personal injury attorney. The costs for medical care may be extreme, and the resulting injuries can impact a child’s quality of life, education, and long-term health.
A Cherokee County child injury lawyer might be able to help when your child has suffered harm after an accident or violent act. This includes explaining the child’s rights, investigating the incident that led to the injury, and adhering to the special rules that control the rights of children to collect compensation for their losses.
Fair Compensation for a Child’s Losses
The law in Cherokee County says that individuals or companies that cause injuries to others have an obligation to provide fair recompense. Showing that another party was responsible for an incident is the first part of collecting these payments. The law creates a duty of care in many situations that parties are obliged to follow. This includes:
- Protecting others while behind the wheel of a vehicle;
- Ensuring that invited guests do not suffer injuries; and
- Providing medical care that fits within the applicable professional standard.
These protections apply to all people regardless of their ages. As a result, a child who suffers harm because of the actions of another has the same right to seek out compensation. This can include money for the payment of medical bills, compensation for emotional traumas, and other ways in which the incident has impacted their lives. A Cherokee County injured minor attorney could take the lead to investigate the ways in which others have caused harm to a child and to seek out appropriate payments.
Special Rules for Child Injury Settlements
From a legal perspective, most civil injury cases are straightforward: an individual suffers an injury and attempts to collect compensation for their losses. However, if the injured person is a minor, that can complicate the situation. Children cannot directly represent themselves in lawsuits or insurance claims, nor can they accept funds as compensation on their own.
Instead, Georgia law outlines how parents may act on behalf of their children and when special legal representation is necessary for a child. Parents are able to directly take control of a settlement when the value of that settlement is less than $15,000. For all other cases, the court will appoint a conservator to ensure the protection of the legal rights of the child. While this conservator may be the child’s parent, this is not always the case. A Cherokee County child injury lawyer could provide more information about these rules and submit all proposed settlements to the court for approval.
Reach Out to a Cherokee County Child Injury Attorney Today
Children who suffer injuries because of the actions of others have a right to collect compensation for their losses. In many cases, these payments will go to their parents, who can then use that money to cover medical bills and other damages. It is important to remember that a court must approve all settlements involving children and may require the appointment of a conservator to protect the child’s rights.
A Cherokee County child injury lawyer could help parents to navigate the complex questions that often arise when a child is hurt. Contact us as soon as possible in order to learn more.