Child Injury Attorneys in Atlanta, Georgia
The Mulholland Law Firm, P.C., has a staff of compassionate Atlanta personal injury lawyers who deeply care about clients. This compassion is extremely important when it comes to trying a case where a child was seriously harmed.
How do I File a Georgia Child Injury Claim or Lawsuit?
When a child is injured, the child and his/her parents have separate and independent claims. Parents can pursue compensation for medical bills and other necessary expenses related to the child’s injury up until the child turns 18, or the child’s medical or assistive services are ceased. The child’s claim includes both economic damages and non-economic damages – future medical expenses, lost income, pain and suffering – that will occur after the child becomes an adult. Lawsuits by minors must be brought through a guardian ad litem. In most cases, this is the parent.
What Are the Liability Issues Involving Child Injuries in Atlanta?
In Georgia, the “tender years” doctrine ascribes particular liability rules to cases involving injuries to children. For instance:
- Children up to about age four are generally presumed to be incapable of any negligence.
- Children aged five through 13 may be charged with their own contributory or comparative negligence, depending on their subjective, individual capacity.
- If a minor is engaged in an adult activity (e.g. driving a car), then s/he generally upholds an adult’s duty of care.
- Adolescents 14 and older are generally held to an adult standard of ordinary care.
How Soon Should I File My Child Injury Claim or Suit?
In a child injury case, the two-year statute of limitations isn’t “activated” until the child becomes an adult (turns 18). Medical malpractice is the exception to this rule. If a child is injured due to malpractice before his/her fifth birthday, a suit must be filed by the seventh birthday. If s/he is a victim of medical malpractice after the fifth birthday, a suit must be filed within two years from the date of the incident. Whatever the case, parents are advised to file their claim for medical expenses as soon as possible.
Let Our Georgia Child Injury Lawyers Try Your Case
Our focus is on striving to resolve clients’ struggles in the most effective manner possible. Whatever your needs are, we will use the full extent of our skills and resources – garnered from many years of focused legal practice – to fulfill them. To discuss the specifics of your case in a free, comprehensive case evaluation, please call (770) 350-2691. Get optimal compensation for your child’s care by talking to a firm experienced in this type of law — and with these types of delicate cases.
Let the dedicated Atlanta child injury lawyers at The Mulholland Law Firm, P.C., work to make sure your child is provided everything to get better. Contact us today.