Children get hurt all the time in Carrollton, Georgia. When the injuries are more severe than the common bruised knee and they occur due to someone’s negligence or wrongdoing, they can make the object of child personal injury cases in Carrollton civil court. These are legal actions through which the children and their parents seek compensation from the party at fault for any financial, physical, and emotional consequences the injuries may have.
Since Georgia laws regarding child personal injury are quite complex and court trials in Carroll County tend to be long and challenging, it is easier for the parents to work with an experienced child personal injury lawyer. Obviously, not all child injuries justify a personal injury lawsuit, so a brief look at the conditions the injury would have to meet and the child and parents’ rights may help you to decide if a lawsuit is right for you.
How to Recognize a Child Personal Injury Case in Carrollton, GA
Generally, you have a child personal injury case if you can prove that:
- The party you want to file your case against had the duty to exercise a certain standard of care towards your child and failed.
- Their failure allowed the injuries to take place.
- The injuries had financial, physical and/or emotional consequences.
Assuming these conditions are met, most child personal injury cases in Carrollton involve two distinct claims:
- The parents’ claim, which can cover medical expenses until the child’s 18th birthday and loss of the child’s services, and
- The child’s claim, which can cover any medical expenses and loss of earning capacity the child may incur after turning 18 years of age, and emotional and physical pain and suffering.
The deadline for filing the parents’ claim is usually within two years from the injury date. The children can file their claim until their 20th birthday. However, there are exceptions to these rules, and some claims, like those for medical negligence, have a much shorter statute of limitations.
The best way to assess whether you have a claim or not, how much it is worth, and how much time you have to file it is to discuss your case with a Carrollton child personal injury lawyer.
Common Child Personal Injury Cases in Carrollton, GA
Car Accident Injuries – Hundreds of car accidents occur in Carrollton every year. Unfortunately, many of them involve child passengers or pedestrians. When they happen and children are hurt, the driver or drivers at fault for the accident are also responsible for the children’s injuries and any consequences these may have.
Poor Supervision Injuries – You take your child to the kindergarten or to school thinking they would be supervised and safe. When they are not and the supervisors neglect their responsibility, you can hold them liable for any injuries that occurred due to their negligence.
Defective Products Injuries – Children get hurt every day due to defective toys, sports or playground equipment, and even due to malfunctioning child car seats. When it happens, you have the right to seek compensation from the defective products’ manufacturer.
Premises Liabilities Injuries – Curiosity is part of your children’s nature. If they see something colorful and interesting, they will want to take a closer look. If they happen to slip and fall, suffer a dog bite or some other type of injury on someone else’s property, the owner may be at fault for failing to exercise due care, prevent child access, and warn of existing dangers.
Medical Malpractice – Some doctors overlook symptoms that could signal more serious injuries or health problems. If you took your child to the doctor and they failed to provide the necessary care and treatment, you could have a malpractice child personal injury case.
Dog Bites – Dog owners have the responsibility to keeping their pet on a leash when taking them out for a walk. They are also responsible for providing them the care and treatment they need in order to stay healthy and safe. If one fails to do so and their dog bites your child, you have the right to seek compensation.
Have a Carrollton Child Personal Injury Lawyer Review Your Case Now
All categories of Carrollton personal injury cases reviewed above come with their own set of legal rules and require the experience and insight of a personal injury attorney. If you want to know more about your right to file a child personal injury claim, the claim filing process, and the compensation you could obtain, contact the Law Office of John B. Jackson today.
We provide a free case review and a 100% satisfaction guarantee to all our clients, so you have nothing to lose. You will gain the advice, support, and experience of a dedicated Carrollton child personal injury attorney who understands how painful it is to see your child injured and will not rest until you and your child receive the compensation you deserve.