Dade County Child Injury Lawyer
As parents, we suffer alongside our sick and injured children, going to great lengths to avoid and minimize their pain. When another’s negligence caused harm to your child, you may feel powerless, but you are not. A Dade County child injury lawyer understands the grief you feel over your child’s condition and will help you understand your rights and devise the best strategy for holding wrongdoers accountable. To get started on building a case for your child, get in touch with a skilled attorney for help.
Why Do Children Often Sustain Injury?
Children are naturally curious and naïve about the world surrounding them. As a result, their curiosity could lead them into dangerous situations which could result in injuries. If a parent is not present to help them avoid sustaining injuries, the consequences could be catastrophic. Below are some of the common ways children could sustain injury:
- Playground accidents
- Fireworks-related wounds
- Poisoning
- Choking
- Daycare accidents
- Medical mistakes (including at birth)
- Bicycle injuries
- Burns
- Defective products
These circumstances and many others pose a risk to children. Injury lawyers familiar with the harm frequently suffered by youngsters can help families in Dade County insist on accountability and receive fair compensation for their damages and heartbreak.
More Complex Than Typical Personal Injury Cases
At its core, a child injury lawsuit is a personal injury case. However, because the injured party is a minor, there are two cases following parallel tracks – one cause of action for the parents and one for the child.
The Parents’ Case
According to the law, parents have a legal responsibility to care for and protect their children. Fulfilling this mandate may involve seeking medical and other expenses associated with their child’s injury until the youth’s 18th birthday. In addition, parents must file these claims within two years of their child’s injury.
The Minor’s Case
Georgia Code § 51-12-1 allows victimized children to demand the same type of economic damages as parents. However, the child’s recovery will account for future expenses and lost earning potential after the child reaches the age of majority. Children may also seek damages for the pain and suffering due to the injury. Parents may not include such subjective harm in their compensation requests.
Moving forward with multiple cases can overwhelm some people. For attorneys who frequently handle child injury cases, this is familiar territory, and they can effectively shepherd families through the process.
Special Legal Protections for Injured Minors
Georgia takes the responsibility for caring for its youngest citizens seriously, especially when they have suffered an injury. To ensure adequate oversight of the child’s interests, as separate from the parent’s, Georgia Code § 15-11-104 compels the appointment of someone who advocates only on the child’s behalf (a guardian ad litem) in certain situations. Additionally, if parties wish to settle the case, court approval may be necessary. The law mandates court approval when settlement amounts exceed $15,000. Child injury counsel will work with parents to protect their interests if the court requires a guardian or settlement approval.
Get in Touch with a Dade County Child Injury Attorney
Successfully prosecuting a case against those who injured your child involves many complexities and legal requirements. Our experienced Dade County child injury lawyers understand the process and will help you navigate these challenges to obtain a reasonable and fair settlement or court judgment. We are here to help, so please do not delay in calling us.
