Canton Child Injury Lawyer
Every parent’s worst nightmare is their child being hurt by a serious injury or illness. Parents and other caregivers go to great lengths to keep children safe. But accidents can and do happen – and sometimes those accidents leave injured children with long-term consequences. If your child got hurt due to someone else’s negligence, you might feel angry, overwhelmed, and uncertain of your next steps. The good news is that you don’t have to handle this alone.
At Geiger Legal Group, LLC, we’re dedicated to helping children and their families navigate the legal system and seek justice for their losses through child injury claims. Our skilled legal team is here to serve you, whether that means helping you get access to quality medical care for your child or preparing an insurance claim on your behalf. To learn more about how we can help, contact us now for your free initial case review.
Child Injury Statistics
According to the Federal Interagency Forum on Child and Family Statistics:
- Childhood injury death rates have decreased over the past two decades for children under 15. But unintentional injuries are still the leading cause of death for this age group.
- In one recent year, there were almost 4,000 fatal injuries and roughly 4 million emergency room (ER) visits for nonfatal injuries among children under 15.
- That year, unintentional injury accidents were the leading cause of death for children under 5, with 7 fatal accidental injuries per 100,000 children.
- Unintentional injuries were also the leading cause of death for children between 5 and 14 that year, with 4 fatal unintentional injuries per 100,000 children.
- Among children under 5, birth defects, cancer, and homicide were other leading causes of death that year.
- Among children between 5 and 14 that year, cancer and suicide were the second and third leading causes of death.
Liability Issues Related to Child Injuries
Liability issues can vary significantly depending on the circumstances of a specific child injury case. If your child gets hurt through no fault of their own, one or several of the following types of liability could come into play:
- Parental liability – If another minor child accidentally or intentionally harmed your child, the other child’s parents could be liable under Georgia law. The rule says parents are responsible for harm their children cause.
- School liability – School administrators and staff members are responsible for providing safe learning environments for students. When a school doesn’t fulfill this responsibility and children get hurt, the school or its employees might be liable for the injuries.
- Product liability – Product liability describes a manufacturer’s or seller’s responsibility to provide products that work safely and reliably when used by consumers as intended. If a child gets hurt by a defective product, a manufacturer or seller might be liable for their injuries.
- Premises liability – Premises liability describes a property owner’s responsibility to keep their property reasonably safe for visitors. This includes taking steps to prevent children from accessing attractive nuisances. An attractive nuisance is an inherently dangerous feature – such as an unattended swimming pool or abandoned vehicle – that draws children onto a property. If your child gets hurt on someone else’s property, the property owner might be liable.
- Medical malpractice – If your child gets hurt due to medical negligence or preventable errors, you could hold the healthcare provider or facility who administered their care responsible in a medical malpractice claim.
Wrongful Death of a Child
In some tragic circumstances, preventable injuries result in the death of a child. In wrongful death cases involving children, surviving parents have the right to recover compensation for the loss of their child.
If a deceased child’s parents are married and living together, they can file a wrongful death claim jointly. If a parent is deceased, the surviving parent has the sole right to file. Either parent can file the claim if both parents are alive but currently divorced, separated, or living separately – but both parents have an equal right to any compensation from the claim.
Determining Fault in a Child Injury Case
Investigators typically conduct investigations involving the following steps to determine fault in child injury cases:
- Interviewing witnesses who know the child or saw them get hurt
- Interviewing the child to hear what happened in their own words, if possible
- Reviewing the child’s medical records to see the extent of their injuries
- Examining physical evidence, such as broken or damaged property
- Working with experts like physicians and accident reconstruction specialists
What Compensation Is Available in Canton Child Injury Cases?
When you file a personal injury claim on your child’s behalf in Canton, you can demand compensation for the following types of losses:
- Medical expenses you incurred due to your child’s injuries
- Projected costs of future medical care your child will likely need
- Incidental costs, such as travel expenses for medical appointments
- Lost wages from time you had to miss at work to care for your child
- Subjective losses, such as your child’s pain and suffering
Time Limits for Minors’ Injury Claims in Canton
Most personal injury lawsuits are subject to a two-year time limit in Georgia. But there are exceptions for minors since children cannot take legal action for themselves. The two-year time limit effectively pauses until the child turns 18, meaning children have until their twentieth birthday to bring lawsuits for childhood injuries.
However, the rules are different for medical malpractice cases and parents seeking reimbursement for their children’s medical expenses. If you have a legal claim due to your child’s injury, you should get clarification from an attorney right away.
Call Our Child Injury Lawyers in Canton, GA for Assistance Today
If you need help from an experienced child injury attorney in Canton, look no further than Geiger Legal Group, LLC. Our compassionate team is ready to answer your questions and discuss your next steps whenever you need us. Don’t hesitate to contact us for your free initial consultation.