Can You File a Personal Injury Claim for a Child in Georgia?

Was your child hurt in an accident that was someone else’s fault in Georgia?

You may be able to seek compensation by filing a personal injury claim on their behalf. Recovering compensation can provide the money needed to help your child access the quality medical treatment and long-term care they deserve.

Who Can File a Child Personal Injury Claim in Georgia?

Georgia law prohibits children under the age of 18 from filing lawsuits because they do not yet have the legal capacity to do so.

But in many cases, minors and their caregivers may not have the luxury of waiting until they reach adulthood to file a personal injury claim.

They may need compensation to cover extensive medical costs and other injury-related expenses as soon as possible to support the child’s quality of life. In these situations, a child’s parent or legal guardian can file a personal injury claim on behalf of the child as their guardian and “next friend.”

Deadlines and Tolling for Child Injury Claims in Georgia

In Georgia, the statute of limitations for a personal injury claim typically gives accident victims two years from the date of an injury to file a lawsuit.

Not so for children.

For minors, the clock does not start running until the child turns 18. Victims injured as children have two years from their 18th birthday to file a personal injury claim for injuries they suffered as minors.

Common Types of Child Injury Cases in Georgia

Common examples of personal injury cases involving children include:

  • Car accidents
  • Bicycle accidents
  • Pedestrian accidents
  • School bus accidents
  • Playground accidents
  • Swimming pool accidents
  • Daycare/school accidents
  • Dangerous product (product liability) accidents
  • Medical malpractice (including birth injuries)

Damages in a Georgia Child Injury Case

A child who sustains injuries in an accident caused by another party may be entitled to compensation for various expenses and losses resulting from the incident. Child injury compensation may include money for:

  • Medical treatment
  • Rehabilitation
  • Costs of long-term disability care, such as home health services or disability accommodations
  • Costs of special education services to help a child catch up on schoolwork or learn with cognitive issues caused by injuries
  • Pain and suffering
  • Lost quality of life due to disability, humiliation, and embarrassment
  • Visible disfigurement or scarring

Steps to Protect Your Child’s Injury Claim

Here are some critical steps you can take to protect your child’s right to seek compensation in an injury claim:

  • Report the accident to the relevant authorities. Obtain a copy of any accident or incident reports.
  • Seek immediate medical attention for your child.
  • Keep copies of all bills, invoices, and receipts of expenses related to your child’s injuries or disabilities.
  • Consult an experienced personal injury attorney as soon as possible to discuss your family’s legal options.

Need Help with a Child Injury Claim in Albany? Talk with Our Attorneys Today

At the Underwood Law LLC, we stand up for children and families harmed by another’s negligence. Let us help you fight for fair compensation for what your child has endured.

Contact today for a free, no-obligation consultation with a child injury lawyer in Albany, GA.

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