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Child Personal Injury Claims Are Somewhat Different Than Adult Claims


One person was arrested after causing a car crash that left a five-year-old in critical condition. Michelle Wierson, of Avondale Estates, is facing charges after her Volkswagen struck two cars. A Toyota Corolla had a child in the car and was stopped at a red light when Wierson continued into the intersection and caused the accident. The child was unresponsive at the scene and was taken by medical personnel to a local hospital. Wierson has since been charged with reckless driving, driving under the influence of drugs, following too closely, and serious injury by vehicle.


Personal Injury Claims for Minors

When a personal injury claim involves a minor, it makes the claim different than a personal injury claim that involves an adult. A child who is less than 18 years of age may have a guardian or parent pursue a claim for personal injury on their behalf.

If the parents of a child are involved in the same accident as the child and both the parents and the child are injured, separate legal claims will need to be filed for all parties. All parties will be allowed to file a claim for the damages that resulted in their injuries. In addition, a child can file a claim for any pain and suffering and accident-related expenses that are expected to occur after they turn 18. The parents will be able to pursue any medical expenses for the child.


Statute of Limitations

In most situations, a personal injury claim must be filed within two years of the date the accident occurred. However, when a child is injured, the time limit for filing a claim is much different. The two-year time limit doesn’t start the run until the child reaches the age of 18. Although if your child suffers significant injuries that result in multiple costly medical bills, it may be better for the parents to file a claim within two years of the accident rather than waiting. This way they won’t have to bear the cost of the expenses themselves.


Settlements in a Child Injury Claim

It is essential to understand how the extent of a child’s injuries will affect their claim. How severe their injuries are, as well as any long-term complications or permanent disabilities will play a role in the settlement. The damages for a claim involving a child that is seriously injured can be very high because a child may require long-term care, have permanent loss of physical or mental abilities, and may lose the ability for future earning capacity.

Many parents don’t like to think about filing a claim for personal injury when it involves their child, but it is important to remember the long-term financial implications that can result from your child’s injuries. Although a personal injury claim can’t restore your child’s mental and physical abilities, it can reduce the financial impact that occurs due to the accident.


Contact a Georgia Personal Injury Attorney Today

If your child has been injured in an accident, it is imperative that you are able to provide for their future needs. A Georgia attorney that is experienced in child injury laws can help calculate appropriate damages for your situation and ensure that your rights are represented in court. Contact the attorneys at Council & Associates, LLC, and let them help you secure your child’s future.