In a perfect world, no minor child would ever be at risk of suffering a serious physical injury due to an adult’s irresponsible or illegal behavior. Unfortunately, accidents like this happen in the real world much more frequently than most people would like to think, and they sometimes wind up having life-altering repercussions for young people who were simply in the wrong place at the wrong time.
If your child has suffered any kind of injury requiring professional medical care specifically because of someone else’s misconduct, you may have grounds to file suit against that irresponsible person and demand compensation for your child’s ensuing losses. However, these claims can be very tricky to effectively pursue without a skilled personal injury attorney’s support, so in the wake of an accident that causes your child to get hurt, contacting a qualified Savannah child injury lawyer should be your top priority.
Under Georgia state law, children under the age of 18 are not legally permitted to represent themselves in court, which means that the onus of filing suit over an injury that child suffers in an accident usually falls to their parent(s), legal guardian(s), or occasionally a court-appointed guardian ad litem. Whoever ends up pursuing the claim has a legal obligation to act at all times in the injured child’s best interests, regardless of whether that might conflict with their own independent best interests or the best interests of any third party.
Georgia law requires court approval for any personal injury settlement exceeding $25,000 on behalf of a minor. Additionally, specific rules govern how compensation is allocated between the child’s losses and those of their parent or guardian. There are also legal restrictions on managing the funds until the child turns 18 and can assume full control. A Savannah child injury attorney can provide further guidance on these regulations.
Another unique element of child injury lawsuits compared to other types of personal injury litigation is how the statute of limitations works. If a parent, guardian, or guardian ad litem is filing suit on an injured child’s behalf, they are generally beholden to the standard statute of limitations for personal injury claims, which allows a maximum of two years after an injury first occurs for any ensuing lawsuit to begin.
However, if a child wants to file suit on their own behalf, they would have until their 20th birthday to do so since the starting point for that two-year filing period would be tolled until they could legally represent themselves in court—in other words, until their 18th birthday. Guidance from a seasoned child injury lawyer in Savannah can be especially important to understanding the time limits applicable to a specific case and building the strongest possible claim within that deadline.
Even if it seems obvious to you that someone else is to blame for the physical trauma your child has recently sustained, actually holding them at fault for your child’s ensuing losses in civil court can be far from simple. In fact, many parents and guardians who try to pursue claims like this alone end up struggling to get their family anywhere near the amount of restitution they need, which is just one reason why seeking representation from capable legal counsel can be so vital at a time like this.
Help is available from a dedicated, bilingual Savannah child injury lawyer who always focuses on providing a human, custom-tailored touch to every case. Call today to schedule a free consultation.