Crash crashes remain a serious public safety hazard. For parents, few things are more difficult to deal with than a child’s injury in an accident. The National Highway Traffic Safety Administration (NHTSA) reports that more than 139,000 kids were hurt in car accidents nationwide in 2020 alone.
Was your child hurt in a car crash? You may have questions about your family’s legal rights and legal options. Within this article, our Atlanta auto accident attorney explains the most important things that parents should know about child injury claims in Georgia.
A Parent Can (Generally) File a Personal Injury Lawsuit on Behalf of a Child
A child who was hurt in a car crash has every right to pursue justice, accountability, and compensation. However, as a minor, they are not in a position to file a claim by themselves. A parent or guardian can usually file a personal injury lawsuit on behalf of a child who has been injured. This is because a child is considered legally incapable of handling their own legal affairs, so the parent or guardian is responsible for representing their interests in court.
Georgia Reformed its Laws: Court Approval Only Required for Some Child Injury Settlements
Similar to other states, Georgia has specialized regulations in place that apply to child injury claims—including child car accident claims. However, in May of 2022, Georgia Governor Brian Kemp signed House Bill 620, which reformed state law to make it easier for parents to resolve personal injury claims for their children. Here is what you need to know:
- Car Accident Injury Settlement Under $25,000: There is no court approval required for these settlements—meaning a parent can settle a claim on behalf of the child on their own.
- Car Accident Injury Settlement Over $25,000: Court approval for the settlement is generally required. A parent may also need to establish that they are the child’s “conservator” for the purposes of state law.
Your Child Deserves Justice, Accountability, and Compensation
After a serious car accident, your child deserves justice, accountability, and compensation for any injuries or damages they have suffered. An Atlanta auto accident lawyer with experience handling child injury claims can help you and your family navigate the complexities of the legal process—including any procedural requirements that might apply. Among other damages, your child (and your family) should be compensated for:
- Medical expenses;
- Diminished future earning capacity;
- Pain and suffering; and
- Any long-term disability or disfigurement.
Set Up a Free Personal Injury Consultation With an Atlanta Car Accident Lawyer Today
At Ponton Law, our Atlanta auto accident attorney is an aggressive, results-focused advocate for injured victims and their families. If your child was hurt in a car crash in Georgia, we are here to help you get justice and the maximum compensation. Contact us today to set up a free case review. Our law firm handles auto accident claims in Atlanta and throughout Northern Georgia.