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3 Things to Know About Georgia Lawsuits for Injuries to Children

Posted on - Monday, November 2, 2015 under Child Accidents

If you’re a parent, a serious injury to your child is one of your worst nightmares. You spend so much time trying to protect them and keep them safe, but tragic accidents still can happen. When they do, you want to make sure that you and your child have the resources you need to help them recover and get back on track for the bright future that lay ahead of them.

That is how I help families who are living with the aftermath of an injury to their child caused by someone else’s negligence or recklessness. With compassion, legal skill, and a commitment to the well-being of my clients, I aggressively pursue compensation on behalf of injured children and their families.

Lawsuits for injuries to children in Georgia are unique in a number of respects. This is because minors cannot file lawsuits on their own behalf, nor can they be in charge of any proceeds from a judgment or settlement in a personal injury lawsuit. Here are three key things to understand about these kinds of personal injury suits:

  • Damages for both the child and his or her parents. The injured child’s parents can seek to recover compensation on behalf of the child for such damages as the child’s pain and suffering, their loss of earning capacity as an adult, and any permanent disability. Additionally, the parents can file suit on their own behalf to recover compensation to pay for past and future medical expenses and rehabilitation needs, as well as the loss of any services or wages their child would have earned before reaching age 18.
  • The court may have to approve the settlement. Since the money recovered in a lawsuit filed on behalf of an injured child is deemed to be the child’s money, judges want to make sure that any settlement reached on the child’s behalf is fair and that arrangements are properly handled. Under Georgia law, any settlement of more than $15,000 must be approved by the court. O.C.G.A. § 29-3-3.
  • There are limits on how the money is handled. Since any recovered proceeds are technically the child’s, the law places limits on what parents can do with the money and how and when it can be accessed prior to the child turning 18. For settlements of $15,000 or less, the parents “shall thereafter hold and use all or part of the personal property for the benefit of the minor and shall be accountable for the personal property.” GA Code § 29-3-1. For settlements or judgments above $15,000, parents must be bonded as conservators to hold the money until the child becomes an adult.

If your child has been injured, we can help. Please give us a call at (770) 727-5550 or chat live online with a member of our staff today. We look forward to assisting you and your child as they recover and move forward to the bright future they deserve.