Atlanta Child Injury Lawyer

There is nothing more devastating for a parent than seeing their child suffer. This distress can be multiplied when the injury wasn’t just a random accident, but the result of someone else’s carelessness or failure to act responsibly. In these unfortunate circumstances, Georgia law provides a pathway for families to seek justice and hold the negligent party accountable. We encourage you to call 404-975-1775 to speak with an Atlanta child injury lawyer and learn about your legal rights if you find yourself in this situation.

Navigating the aftermath of a child’s injury is incredibly challenging as you’re focused on your child’s recovery, dealing with medical appointments, and managing the emotional toll on your family. Pursuing a legal claim for compensation might seem like the last thing you are thinking about, however, securing fair compensation can be crucial for covering medical costs, addressing long-term needs, and ensuring your child has the resources for the best possible future.

At Merritt & Merritt Law Firm, we understand the profound impact a child’s injury has on the entire family, and we are committed to providing compassionate support, clear answers, and peace of mind during these difficult times. Call us today for a free consultation at 404-975-1775 to see how we can help you and your family recover.

Child Injuries in Georgia

Unintentional injuries represent a significant threat to the health and well-being of young Georgians. In Georgia alone, the statistics underscore this sobering reality: unintentional injuries are the number one killer of Georgians aged 1 to 44, an age group that includes countless children and teenagers. When carelessness leads to harm, understanding your legal options is the first step toward accountability and recovery.

Common Settings and Causes of Negligent Child Injuries in Georgia

Children, with their innate curiosity, boundless energy, and still-developing judgment, explore the world around them with enthusiasm. While this is a natural part of growing up, it also means they rely heavily on adults to ensure their safety. Unfortunately, many child injuries occur because responsible parties fail to exercise the necessary care.

Common Causes & Settings of Child Injuries in Georgia

While children can be injured by many different things, there are some common places and circumstances where children are injured more than others.

• Daycare and Childcare Facilities: Entrusting your child to a daycare or childcare center is something that many parents do on a daily basis. Georgia’s Department of Early Care and Learning (DECAL), also known as Bright from the Start, sets regulations for these facilities, covering aspects like staff-to-child ratios, playground safety, background checks, and health standards. Negligence in daycares often involves:
• Negligent Supervision: This is a primary cause of daycare injuries. It occurs when staff fail to adequately monitor children, leading to falls from equipment, injuries from fights, choking incidents, ingestion of harmful substances, or children wandering off unsupervised.
• Unsafe Premises: Facilities have a duty to maintain a safe physical environment. This includes ensuring playground equipment is in good repair and age-appropriate, ensuring hazardous materials are securely stored, floors are free of tripping hazards, and the facility is sanitary to prevent illness outbreaks.
• Failure to Follow Safety Procedures: Daycares must have and follow protocols for various activities. Negligence can involve ignoring known food allergies, improper handling of hot liquids leading to burns, unsafe sleep practices for infants increasing SIDS risk, or errors in administering medication.
• Negligent Hiring, Training, or Retention: Facilities can be liable if they fail to conduct proper background checks, hire unqualified staff, or provide inadequate training in safety procedures, CPR, first aid, and child development.
• Schools and Playgrounds: Schools and operators of public or private playgrounds are responsible for providing safe environments for play and learning. Injuries from these playgrounds can often stem from negligence such as:

• Poor Maintenance: Equipment exposed to the elements can rust, splinter, or break if not regularly inspected and repaired.
• Defective or Unsafe Design/Installation: Equipment may be inherently dangerous due to design flaws or become hazardous if improperly assembled or installed.
• Inadequate Supervision: Teachers or playground monitors failing to watch children closely, especially given predictable risks like falls from heights, can constitute negligence.
• Unsafe Grounds: Hazards like holes, broken pavement, or dangerous conditions surrounding the play area can also lead to injuries.

Understanding Negligence and Your Child’s Rights Under Georgia Law

When your child is injured, understanding the legal principles involved is essential. Most child injury claims are based on the legal theory of negligence.

What is Negligence in Georgia?

Negligence simply means someone who failed to act with reasonable care, and that failure caused harm to another. To successfully pursue a negligence claim in Georgia, you generally need to prove four key elements:

1. Duty of Care: The person or entity responsible for the injury owed your child a legal duty to act with a certain level of care.
2. Breach of Duty: The defendant failed to meet that duty of care through a careless action or inaction.
3. Causation: The defendant’s breach of duty directly caused your child’s injuries.
4. Damages: Your child suffered actual harm, which can include physical injuries, emotional distress, and financial costs like medical bills.

Special Duty of Care Owed to Children

Understandably, Georgia law recognizes that children are not miniature adults, and they have different levels of understanding, judgment, and physical ability. Therefore, the law imposes special standards regarding the care owed to children.

• Duty Owed to Children: Adults supervising children, such as teachers, daycare providers, coaches, and even property owners in certain situations, are generally held to a higher standard of care to children. They have a responsibility to anticipate potential dangers that might not be obvious to a child and to take reasonable steps to protect the children under their supervision.

Seeking Fair Compensation for Your Child’s Injuries

When a child suffers a serious injury due to negligence, the goal should be to get compensation for all harm that was done, which can also include any future harm that was caused by the injury.

Types of Recoverable Damages

Damages in a Georgia child injury case typically fall into two main categories:

• Economic Damages:
  • Medical Expenses: This includes all reasonable and necessary costs related to the injury, such as emergency room visits, hospital stays, surgeries, doctor appointments, medications, physical therapy, occupational therapy, psychological counseling, assistive devices (like wheelchairs or prosthetics), and necessary home modifications. This can also include any future medical needs, which can be substantial in cases of permanent injury.
  • Parent’s Lost Wages: Compensation for income lost by parents who had to take time off work to care for their injured child.
  • Child’s Lost Future Earning Capacity: If the injury results in a permanent disability that will limit the child’s ability to work and earn income as an adult, compensation can be sought for this projected loss.

• Non-Economic Damages:
  • Child’s Pain and Suffering: This compensates the child for the physical pain, discomfort, mental anguish, fear, anxiety, depression, post-traumatic stress disorder (PTSD), and overall suffering endured because of the injury and its treatment.
  • Loss of Enjoyment of Life: Compensation for the child’s diminished ability to participate in activities that they used to enjoy or activities that they may have enjoyed as a child that they cannot anymore due to their injuries.
  • Permanent Disability or Impairment: Compensation for the long-term functional limitations caused by the injury.2

Georgia’s Statute of Limitations for Child Injury Claims

In any personal injury case the statute of limitations sets how long a person can take to file a lawsuit for compensation after an accident. Missing the deadline means losing the right to seek compensation, regardless of the severity of the injury. Understanding these deadlines is especially important in child injury cases, as Georgia law has specific rules for minors that do not apply to adults.

General Rule and Tolling for Minors

The standard statute of limitations for personal injury claims in Georgia is two years from the date the accident occured. However, for claims belonging to the child, Georgia law provides a vital protection called “tolling.” Under this protection, the two-year clock does not start running for the child’s claim until the child reaches the age of majority, which is 18 in Georgia.This means the child generally has until their 20th birthday to file a lawsuit for their own damages. It is important to remember, however, that the parents’ claim for damage is not able to be tolled, so their claim will have the standard two year limitation. Only claims about the child’s injuries will be able to be tolled.

Other Exceptions and Considerations

The standard two-year deadline and the tolling rule for minors have some important exceptions:

• Medical Malpractice: Claims involving medical negligence have stricter rules. If the malpractice occurred before the child’s fifth birthday, the lawsuit must generally be filed by the child’s seventh birthday. If the negligence occurred after age five, the standard two-year limit applies.

Given these complexities and critical deadlines, especially the non-tolled period for parental claims, seeking legal advice immediately after a child’s injury is the safest course of action. That is why it is important to call the Atlanta child injury lawyer team at Merritt & Merritt Law Firm as soon as possible to get your child injury claim evaluated for free at 404-975-1775.

Navigating the Legal Process for a Child’s Claim: Key Differences

Pursuing a personal injury claim for a child involves unique legal procedures designed to protect the minor’s interests. Parents or guardians acting on behalf of an injured child should be aware of these key differences compared to adult claims.

Who Files the Lawsuit?

Because individuals under 18 are considered legally incapable of managing their own legal affairs, they cannot file a lawsuit in their own name in the state of Georgia. Instead, a parent or legally appointed guardian must initiate the claim or lawsuit on the child’s behalf.

Perhaps the most significant procedural difference involves how compensation is awarded to the child or parent in their lawsuit. To ensure fairness and protect the child’s financial recovery, Georgia law requires court approval for settlements exceeding certain thresholds.

• Gross Settlement $25,000 or Less: The child’s parent or natural guardian can receive payment without court approval and without needing to be formally appointed as a conservator. However, they are legally accountable to use the funds solely for the child’s benefit.
• Gross Settlement Over $25,000 AND Net Settlement $25,000 or Less: The settlement must be submitted for court approval. Importantly, in this scenario, a parent/natural guardian does not need to be appointed conservator to finalize the settlement or receive the funds.
• Gross Settlement Over $25,000 AND Net Settlement Over $25,000: This scenario requires both court approval and the formal appointment of a conservator by the Probate Court.

Handling Settlement Funds

Even when court approval is obtained, the funds recovered for the child’s damages are typically not given directly to the parents for unrestricted use. The court usually requires the money to be placed into a protected financial arrangement, such as a conservatorship account or a structured settlement annuity.

Our Atlanta Child Injury Lawyer Team Can Help You

Our Atlanta child injury lawyer team possesses extensive experience, handling a wide range of personal injury claims. We recognize that a child’s injury impacts the entire family, causing immense emotional distress and disruption. As numerous client testimonials reflect, we strive to treat our clients like family, providing reassurance and support during challenging times.We understand that dealing with your child’s injury is your top priority. The legal process can seem overwhelming, but you don’t have to face it alone.

Taking the first step is simple and risk-free. We offer a free, confidential consultation to discuss the details of your child’s injury, answer your questions, and explain your legal rights and options under Georgia law. Call our Atlanta office 24/7: 404-975-1775.