Car accidents in Georgia involving children can be devastating for families. If your child suffered injuries in a car crash, you should understand how the laws differ for minor victims. They have extended filing deadlines, require guardian involvement, and may need court approval for settlements.
An experienced car accident attorney at Bayuk Pratt can help you pursue maximum compensation and give your child the resources they will need to deal with any long-term impacts of their injuries.
How Are Car Accidents Involving Children Different from Accidents Involving Adults?
Car accident cases involving children are different from cases involving adults in three main ways:
- Who can file the claim – Since minors cannot bring personal injury claims on their own, they require the help of a parent or guardian to bring the lawsuit on their behalf.
- When you must file it – The time limit for filing a personal injury lawsuit against those responsible for your child’s injuries does not begin counting down until your child turns 18, rather than on the date of the injury.
- Who must approve the settlement – If a settlement in a case involving a minor victim exceeds $25,000, Georgia law requires court approval.
In addition to these legal differences in cases involving children, the impact of serious injuries can be different than cases involving only adult injury victims. Children are still growing.
A severe injury can result in significant medical expenses for their past and future medical care and have a lasting effect on their physical, emotional, and psychological development.
What Are the Most Common Causes of Car Accidents Involving Children in Georgia?
The most common car accidents involving children in Georgia include:
- Speeding and aggressive driving – Speeding, swerving between lanes, and other forms of aggressive driving significantly increase the likelihood of a vehicle being involved in an accident. Additionally, the higher the speeds involved, the more severe the injuries tend to be.
- Distracted driving – Visual, manual, and cognitive distractions can all lead to serious car accidents, potentially injuring children.
- Intoxicated driving – Drivers under the influence of alcohol or other intoxicating substances have slower reaction times and reduced handling of their vehicles.
- Mechanical failures – Brakes and other vehicle components may fail, causing severe crashes.
- Poor road conditions – Large potholes, missing signs, faded road lines, damaged barriers, and malfunctioning traffic signals can all contribute to motor vehicle collisions.
What Should You Do If Your Child Suffers Injury in a Georgia Car Accident?
The first step to take after your child suffers injuries in a Georgia car accident is always to report the accident to the police and seek immediate medical attention for their injuries. If your child has visible injuries, you can request that EMTs come to the accident site. Otherwise, you can take your child to a healthcare provider for a check-up.
In the long term, make sure you follow up with your child’s medical treatment until their doctor discharges them. Car accidents involving children can result in severe physical injuries, including traumatic brain injuries and spinal cord injuries.
By following your child’s treatment plan, you can help reduce the severity of any lasting effects that their injuries may have and strengthen your case by showing that you took your child’s injuries seriously.
It’s also always in your best interest to hire a lawyer to handle your child’s injury case while you focus on caring for your child. Your lawyer can gather evidence to support your claim, handle all communication with the at-fault party’s insurance company, and represent you in negotiations or trial.
How Do You Prove Who Is At Fault in a Car Accident Involving Children in Georgia?
Proving fault in a car accident involving children is critical for establishing liability and recovering compensation. Your lawyer at Bayuk Pratt can do this by investigating the accident to identify the at-fault party (or parties) and by gathering key evidence to demonstrate their fault in the motor vehicle accident. This evidence may include:
- The police report
- Accident scene photographs
- Traffic, surveillance, or dashboard camera footage
- Eyewitness statements
- Testimony from expert witnesses, including crash reconstructionists and medical professionals
- Your child’s medical records.
Gathering this evidence yourself can be challenging, especially while you’re caring for an injured child and may have injuries of your own. An experienced car accident lawyer at Bayuk Pratt can handle your case and help ease your stress.
Can a Child File a Car Accident Lawsuit in Georgia?
Only adults are eligible to file lawsuits in Georgia. Children cannot file lawsuits for car accidents until after they turn 18. However, a parent or guardian can file a lawsuit on a child’s behalf if they need compensation sooner to cover medical bills and other costs. An attorney can help you explore your options before you make a decision.
What Is the Statute of Limitations for Children Injured in a Georgia Car Accident?
For most car accident lawsuits, the deadline for filing is two years after the date of the injury. However, this deadline extends if the victim is a minor.
Georgia law gives minor victims until their 20th birthday to file lawsuits against the parties responsible for their injuries. This statute tolls (pauses) the time limit for filing a lawsuit until the child turns 18, at which point they still have the full two-year limit to file.
Extending the filing deadline for children is vital because minors cannot legally bring a lawsuit on their own. Additionally, this extension benefits children by clarifying the long-term effects of their injuries.
Contact a Georgia Car Accident Lawyer
At Bayuk Pratt, our battle-tested Atlanta personal injury, wrongful death, and civil litigation trial lawyers have over 50 years of combined legal experience, including as former high-stakes defense attorneys. Founding partners Frank Bayuk and Bradley Pratt served as senior partners for two of the world’s largest and most elite defense law firms.
Our law firm has extensive experience taking on insurance giants and has recovered over $300 million for our deserving clients. We’re prepared to put that experience to work and help you seek the compensation you need for your child.
Contact our team for a free consultation. We’ll help you understand how the laws differ when child victims are involved in car accidents and walk you through the personal injury lawsuit process.
