As hard as you may try to keep your child safe from anything and anybody who might cause them harm, sometimes accidents happen. If an accident stems from reckless or careless misconduct by an adult, you may have options for holding them accountable for their actions. Understanding and enforcing your right to demand financial recovery on your child’s behalf could be crucial to mitigating short-term financial losses and minimizing the long-term impact of an accident on your family.
A knowledgeable Macon child injury lawyer could support you and your family throughout the legal process, working diligently to maximize available compensation. Even if you are unsure whether pursuing litigation is the best move for your family, a seasoned personal injury attorney could explain your options in detail and help you make the best decision.
At the core, there is no difference between filing suit against an adult for injuring another adult through their reckless or careless actions and filing suit against them for injuring a child. Either way, the plaintiff would still need to prove legal negligence by the named defendant(s) and establish a causal connection between that misconduct and specific compensable losses.
However, there are a few ways in which child injury cases can work differently in practice than claims involving only adults. For example, court precedent in Georgia holds that minor children do not have the physical or mental capacity to protect themselves from injury the same way an adult might. Based on available information, a civil jury may decide whether a particular child is capable of comparative negligence and an ensuing reduction in recoverable compensation.
In the same vein, some situations where a child’s lack of awareness about a hazardous situation might impose liability on a property owner for an ensuing injury. For instance, a property owner who failed to prevent curious children from trespassing on their land and playing in an unfenced pool may be held accountable for ensuing injuries. A Macon child injury attorney could discuss how these and other legal principles might impact a particular claim.
A parent demanding compensation for an injury to their child may incorporate economic and non-economic damages into their claim. This includes both past and future losses related to the accident. Specific damages that a skilled lawyer could work into a child injury case may include:
Importantly, any time a child injury claim results in a settlement greater than $15,000 in value, a Probate Court must appoint a conservator to manage the funds on the child’s behalf until they turn 18. This role is usually fulfilled by the child’s parent(s) or guardian(s), although this is not always the case.
When negligence causes a young child to suffer a traumatic injury, the physical, financial, and psychological consequences can be profound and even life-changing. Comprehensive civil litigation against the person responsible for your child’s injury may be the best way to protect your child’s interests and seek justice.
A confidential conversation with a Macon child injury lawyer could offer you clarity about what next steps you should take. Call today to schedule a meeting.