Accidents can happen to anyone—including young children in many cases. If your child recently suffered a serious injury because of another party’s negligence, you may be devastated and unsure of how to hold the responsible party accountable.
A conversation with a Clayton County child injury lawyer could clarify your legal options and put on the right track towards constructing a strong civil case. Your compassionate personal injury attorney could work tirelessly to pursue that case in or out of court and seek compensation for every injury your child experienced as a result of someone else’s actions.
Holding Someone Liable for a Child’s Injury
No matter what specifically caused a child to suffer harm, recovering compensation through an ensuing civil suit requires proving that the defendant was legally negligent. This means they breached a duty of care owed to the child in a way that directly caused that child’s injuries. While this generally requires the same standard of proof applied to cases involving adult accident victims, children are owed a much higher duty of care than adults in many situations.
For example, Official Code of Georgia §51-3-3(c) states that the “attractive nuisance doctrine” may be applied to premises liability claims involving children. Under this doctrine, a landowner may be liable for injuries suffered by an underage trespasser if they failed to properly restrict access to an “attractive nuisance” like construction equipment or a swimming pool.
A local child accident attorney could help a parent or a plaintiff who was injured as a child determine the duty of care applicable to their circumstances and structure their civil case accordingly.
Seeking Compensation for All Applicable Damages
Through a child injury lawsuit, a plaintiff could seek restitution for any physical and financial losses that already occurred prior to the claim’s initial filing. These damages usually address objective financial losses like emergency medical expenses and wages that were lost because a parent needed to care for their injured child.
Unfortunately, many childhood injuries have long-term or even permanent consequences, so any civil lawsuit must take those losses into account as well. With help from a child injury lawyer in the area, plaintiffs filing claims could seek compensation for the effects of a permanent disability or disfigurement, loss of future earning capacity, costs of future medical care and equipment, and loss of future opportunities.
Regardless of how severe a child’s injuries are, any parent who seeks to file suit on their behalf must do so before two years have passed following the date of the injury. However, if someone wants to file suit on their own for an injury they suffered as a minor, O.C.G.A. §9-3-90 allows them up to two years after their 18th birthday to file. A knowledgeable attorney in the area could identify the deadline applicable to a particular child injury case.
Speak with a Clayton County Child Injury Attorney to Learn More
Few accidents are more tragic than those involving minors, especially those that would have been preventable but for the negligence of another individual. If you want to effectively pursue compensation on your child’s behalf, seeking assistance from seasoned legal counsel may be your best option.
Working with a Clayton County child injury lawyer could be the key to ensuring your case is as strong as possible and filed in accordance with all applicable state laws. Call today to schedule a consultation and get started on the litigation process.