Who brings a claim on behalf of children who are hurt?

 

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When a child is injured in Georgia, there may be the same claims for personal injury against the negligent party that an injured adult would have. The main difference would be how the claim may be brought procedurally.

Like an adult, the child’s personal injury claim will include compensation for pain and suffering, otherwise known as general damages. The child will also be able to bring a claim for loss of income that will occur once the child reaches 18 years old.

A child’s personal injury claim will depart from the normal in this way: The parents or legal guardian will have a separate claim brought on their own behalf. This claim will be for compensation representing medical expenses and other costs incurred due to the injury up to the age of 18. For example, the cost of surgery, or the cost of other treatment.

A personal injury lawsuit filed by a minor is brought by a “guardian ad litem,” which most often is the parent.

Under Georgia law, a claim for wrongful death of a child is one claim and would be brought by both of the parents or by the legal guardian. This will be the case even when the parents are divorced or separated. In rare circumstances, and at the request of one of the parents, a Court may allocate the percentage of recovery between the parents based on evidence presented.

Generally, the statute of limitations for personal injury in Georgia is two years from the date of the injury. However, with injuries to children, the statute of limitations is ‘tolled’ or ‘continued’ until the child’s 18th birthday. An exception to this would be for injuries arising from medical malpractice.

If you or a loved one’s family has experienced an accident involving a child, the please, feel free to call and speak to one of our experienced Atlanta personal injury trial lawyers today. Our consultations are always free.