If your child has suffered a personal injury or been the victim of a wrongful death in Georgia, you and/or your child have several remedies under Georgia law.. Georgia has special laws to addresses personal injuries to children due to limited ability to understand the legal system, their inability to dictate their medical care, and because they have limited ability to earn an income.
If your child is injured in Georgia, then you will have legal claims that are separate and independent of your child’s claim.. Your child’s claim may include asking for damages for physical and mental pain and suffering and you , as the parent, you may choose to file a separate claim for reimbursement for your child’s medical expenses.
Your child’s claim will be brought through their legal guardian or “next friend.” This is usually a parent. While you may be filing the claim for your child, any monetary compensation will belong to your child.
As outlined above, you may file your own lawsuit requesting medical and other necessary expenses as they relate to the injury of your child up until the child turns eighteen.
Either parent can file a claim for personal injury on a child’s behalf.
The Statute of Limitations, or the time you have to file a lawsuit on behalf of your child, is different than if an adult was injured.
The normal two-year statute of limitations for personal injury is suspended until your child turns eighteen. This means that any actions for an injury to your child in Georgia may be brought any time up to your child’s twentieth birthday.
Georgia law has unique rules that address injuries and wrongful deaths of children differently. As such, it’s imperative that you retain the services of a knowledgeable, experienced, and skilled Georgia personal injury attorney to file a claim on behalf of your child.
Child injury law can be complex and highly emotional, a qualified Georgia child personal injury attorney will be a strong advocate for you and your child to make sure you and your child receive all the monetary compensation you deserve. If you have any questions about filing a personal injury claim on behalf of a child, contact the experienced lawyers at Council & Associates immediately at (404) 526-8857.