Personal Injury Law

Representing Children in Serious Injury Cases

Over the years, our lawyers have handled many different cases involving serious injuries to children. These injuries arise in a myriad of contexts and are oftentimes heartbreaking. Over the years, we have had serious burn injury cases, dog bite cases,unsafe premises, sexual abuse cases, car accidents, medical malpractice cases, drowning accidents, playground injuries,unsafe consumer products, school injuries and the like, all involving young children. Some of these cases have resulted in wrongful deaths, comas, paralysis, burns and amputations. Presently, we are handling injuries to children involving negligence by daycare providers and owners of dogs who have allowed them to wander free of restraint and attack innocent children. Depending upon the severity of injuries sustained, these cases can affect the injured child permanently and the emotional, physical and psychic trauma can require very close attention to the needs of the young child. There may be permanent scarring involved; there may be the need for future treatment or medical surgery and there may be a diminution in the individual?s ability to earn and labor in the future and support themselves. While every case is unique, representing an injured child in a serious injury case is an undertaking that requires care and attention and an analysis of whether the injuries sustained will affect the child for the balance of their life. If so, obviously, greater attention to detail is needed than would otherwise be the case.

All cases involving children which result in a settlement or verdict have to be reviewed by the Probate Court system here in Georgia. The money from a settlement belongs to the child, not to the parents. While the parents are entitled to be reimbursed for any medical and out of pocket expenses that they incur, any other portion of the settlement must be placed in an interest bearing account set up for the lifetime benefit of the child. Such a fund must be held in trust until the child turns 18 but can be used for educational, medical or other needs of the child before they turn 18, however, such use is subject to Probate Court approval and supervision. Many Probate Courts take the position that the parents have to provide for the child until they reach the age of majority and therefore many courts will not allow parents to encroach upon any settlement funds as a way of discharging their own responsibilities. However, in certain cases, where the needs of the child are great, funds set aside for medical treatment and educational needs can be used, again subject to Probate Court supervision and approval.

When a child playing in the street darts in front of a car chasing a ball, and is seriously injured, the question arises, of course, whether there is any negligence claim at all against a third party. Many times children are killed or injured because of a lack of proper supervision by their parents and/or because of the child?s own negligence. Oftentimes, however, serious injuries to children occur which are entirely preventable and are caused by the negligence of third parties. We see this in the context of dog bite cases, automobile wrecks, daycare injuries, drowning accidents and the otherother similar cases referenced. Regardless of the circumstances involved which lead to the injury, care must be taken to make sure that the child that is properly represented and that the child?s needs are met. Our experienced serious injury lawyers share the common goal of properly representing injured children and assisting their families in obtaining the justice and compensation they require. If your child has been injured as a result of preventable accident caused by the negligence of a third party, call us today at 1-800-228-9159.

Full post as published by Georgia Injury Lawyer Blog on June 19, 2009 (boomark / email).