Our children are what means the most to us. When your child is injured by the wrongful or negligent act of another, the first thing you feel is fear. The next is anger. That is when people seek justice.
In civil court, you can obtain justice on behalf of your child. He or she deserves to be compensated for his or her suffering. Depending on the injury, your child may need resources in the future to overcome the difficulties he or she faces as a result. Your child cannot go back in several years to seek that compensation, so it's up to you to act now.
If your child suffered any sort of injury, an attorney you hire can seek the recovery he or she needs. Emanuel Balams, an Atlanta child injury lawyer and father, represents young people who have been injured due to the negligence or intentional acts of others. He will dedicate the time and energy on your case that a child victim deserves. Contact him at (404) 445-2005 today to schedule a free consultation.
Balams Law Group represents clients throughout the Atlanta area, including in Alpharetta, Lawrenceville, Johns Creek, Sandy Springs, Roswell, Norcross, Duluth, Smyrna, College Park, Brookhaven, Dunwoody, Milton, Decatur and anywhere in Fulton, DeKalb, Gwinnett, Clayton, or Cobb Counties.
Children are vulnerable, and can suffer many types of injuries. The key to whether or not compensation may be sought is whether or not the injury was suffered as a result of another's negligence or intentional act. Negligence means that a person had a responsibility to act a certain way — usually as a "reasonable person" — and failed to do so, and that someone was hurt as a result.
When someone agrees to care for your child, they are taking on a responsibility to act a reasonable caregiver, chaperone, driver or any other role in which a person supervises children. If they negligently supervise children, they may be liable for the damages the child suffers.
Negligent supervision could include not keeping children away from dangerous places, including in the street, not intervening when children are playing too rough or allowing children to engage in any activity that is dangerous.
Instances in which a child may be negligently supervised include:
Children have a long future ahead of them. An injury now can impair that future. Certain head injuries can cause developmental problems that may prevent your child from performing like he or she should be able to in school or work. Emotional trauma can take a similar toll. Other physical injuries can leave a child permanently physically disabled.
In some cases, years of physical therapy and/or special tutoring can help a child "catch up," but these are very expensive options. They may last well into adulthood, and your child will have to bear the burden of the expenses.
State law gives your child more opportunity than most accident victims get to seek redress: Under Georgia Code § 9-3-90, a person who was a minor at the time of an accident has under four years after he or she is injured to file a claim. However, they time goes by fast, evidence can disappear and memories can fade.
It's critical to also realize that once a settlement has been reached or a judgment found, there is no going back if you or your child realizes injuries are more critical than first thought. A thoughtful attorney can help you determine the full scope of damages.
As a parent, you can bring a lawsuit on behalf of your child as your child's "next friend," or "guardian ad litem." The lawsuit will look out for the best interests of the child and compensate the child for his or her losses.
As the parent, though, you are likely to incur heavy expenses, as well. You, also, can recover your losses from the responsible party. However, it must be in a separate lawsuit.
There are stricter limitations on when a child can bring a lawsuit than when a lawsuit can be brought on behalf of a child. You have within four years of when the injury was occurred.
Safe Kids Georgia: This nonprofit is dedicated to advocating for safety for children in the state. The statewide organization builds and coordinates with local affiliates.1577 Northeast Expressway NE
Georgia Department of Early Care and Learning: DECAL regulates child care agencies in the state of Georgia.2 Martin Luther King Jr. Drive SE
If you child suffered any type of injury due to the negligence or intentional act of another, you should seek justice, both for your child and for your own losses. An Atlanta child injury lawyer can help you both. Contact Balams Law Group today at (404) 445-2005 to schedule a free consultation.