Nothing is more devastating to a parent than seeing their child severely hurt. If someone else’s careless actions caused the injury, you may feel uncertain about how to proceed or what your legal options may be.
The Atlanta child injury lawyers of Bayuk Pratt have over 50 years of combined legal experience, and we’ve recovered more than $300 million for clients throughout Georgia. Many of us are parents ourselves. We understand exactly what’s at stake when an accident changes your family’s life.
Our goal is to treat you and your case with the same dignity and care we would want for our children. Contact us today to learn more about how we can assist you and your family during this trying time. We can provide a free consultation, and you will pay nothing unless we recover compensation for you.
What Are Some Causes of Child Injuries in Atlanta?
Child injuries occur for many reasons. The following are some of the leading causes of injuries to children in Atlanta:
- Car, truck, bicycle, and pedestrian accidents — Due to their size and weight, children can suffer severe injuries in motor vehicle accidents, whether they are passengers, pedestrians, or bicyclists, when the crash occurs. Proper safety restraints can lower the risks of injuries, but they do not eliminate all risks.
- Property conditions — Property owners must protect children from hazards. Unfortunately, due to the negligence of property owners, swimming pool and playground accidents, dog bites, and slip-and-fall accidents can (and do) occur.
- School and daycare negligence — If a caregiver fails to follow safety regulations or supervise children properly, they may be liable for any resulting serious injuries.
- Medical malpractice — Birth injuries could lead to long-term medical conditions such as cerebral palsy or Erb’s palsy. Improper or inadequate care from pediatricians can also affect a child’s long-term health.
- Product defects — Poorly designed toys, car seats, play equipment, and other products could cause serious injuries despite a parent’s proper oversight.
What Sort of Injuries Could a Child Sustain in an Accident in Atlanta?
Children face the risk of serious injuries in auto accidents because their bodies are still developing. Common child injuries in Atlanta car accidents include:
- Fractures — A child’s bones are more flexible than an adult’s bones. Still, they can break. If a fracture happens along a growth plate, it may affect the child’s future bone development.
- Burns, cuts, and lacerations — These injuries cause severe pain and scarring.
- Spinal cord injuries — These injuries include partial or total paralysis, which may require a lifetime of medical treatment and the use of assistive devices.
- Traumatic brain injuries (TBI) — Even a seemingly minor head injury could damage a child’s developing brain. Brain injuries can impair a child’s cognitive development, behavior, social interactions, and academic performance.
- Mental trauma — With children’s greater vulnerability, serious injuries also bring significant psychological trauma that demands extensive support.
What If My Child Is Injured at School or in Daycare?
If your child gets hurt at school or daycare, your legal options may vary depending on the facility type. In most cases, under Georgia’s sovereign immunity law, you generally can’t file a personal injury claim against a public school district. State courts have also extended immunity to individual employees in public schools.
However, privately run schools and daycare centers do not have the same protections. Schoolteachers, special education professionals, and educational aides have some parental responsibility and control while children are under their care.
This doctrine is called “in loco parentis,” which is Latin for “in a parent’s place.” If they breached the duty of care they owed to your child, and if an injury resulted, you may be able to hold them accountable in a personal injury claim. Contact our Atlanta child injury lawyer today.
How Do You Prove Who Is at Fault for My Child’s Injuries?
To prevail in a personal injury lawsuit based on your child’s injuries, you generally must prove the following four elements:
- The responsible party had a duty to protect your child from harm.
- The responsible party breached that duty, whether actively or passively.
- Your child suffered documented physical and financial harm.
- The responsible party’s actions directly caused your child’s injuries.
Your lawyer at Bayuk Pratt will work entirely on your behalf to gather different forms of evidence, which may include some or all of the following:
- Photos or video from the accident scene
- Witness statements
- Surveillance camera footage
- Testimony from medical experts
- Reports and demonstrations of product defects
- Facility safety records.
Can My Child Be Held Partly Responsible for Their Injuries?
If a personal injury lawsuit goes to trial, a jury may determine that the plaintiff shares responsibility for their injuries, which can result in a reduction in the plaintiff’s award (based on the percentage of fault attributed to them) or a bar to recovering any compensation.
However, Georgia follows the “tender years doctrine,” which is rooted in the idea that children should not be held to the same legal standards as adults in some circumstances. A jury must consider a child’s age when it evaluates partial responsibility issues. The three age brackets under the doctrine are:
- Age 4 or younger — These children are presumed incapable of negligence.
- Between the ages of 4 and 13 — A jury may decide that a child in this age bracket has the individual capacity to be capable of negligence. However, they may also be presumed incapable of negligence.
- Age 14 or older — Children in this age bracket are typically held to the same standard of care as adults.
Your lawyer can determine how the tender years doctrine may apply to your case.
What Types of Compensation Could I Seek for My Child’s Injuries?
You may pursue compensation for the following losses after your child’s injury:
- Past and future medical bills
- Your child’s physical pain and emotional distress
- Your child’s lost quality of life and earning capacity
- Costs of adaptive equipment, rehabilitation, or special accommodations.
Some states allow parents to claim loss of consortium, which is the legal term for love, companionship, and support. However, in Georgia, loss of consortium applies only to injured spouses. You cannot claim loss of consortium as the parent of a child who has suffered injuries due to someone else’s negligence.
Does Georgia Have a Time Limit for Filing a Child Injury Lawsuit?
Georgia’s statute of limitations generally allows you to file a personal injury lawsuit within two years after the injury occurs. However, lawsuits involving injuries to minors are an exception. If the injured person was under 18 when they were injured, the court can extend the filing deadline to the child’s 20th birthday.
It will take time for your lawyer to prepare a solid child injury case on your behalf. The attorney must complete critical steps before filing the lawsuit. So, you should not wait to take legal action.
If you file a claim after the deadline, the court can dismiss your case, and you will lose valuable leverage in settlement negotiations. The sooner you can hire a legal team you trust to protect your child’s rights and interests, the better your chances of a fair outcome.
Contact an Atlanta Child Injury Lawyer
If your child suffered an injury by no fault of their own, the Atlanta child injury attorneys of Bayuk Pratt are ready to evaluate your case. Our founders previously worked as high-stakes insurance defense lawyers, giving them valuable knowledge of how to deal with insurance companies and counter their common tactics. Past clients and legal peers praise our empathetic, strategic, and battle-tested approach. Contact our office today to learn more and review your case in a free consultation.