What You Should Know About Personal Injury Claims for Minors

In Georgia, child injuries may occur due to the recklessness or negligence of another person. Child injury claims usually arise after an accident that involves children under eighteen. Children have the same rights as adults to recover compensation and damages for their injuries. However, Georgia courts handle these claims differently.

Injured children cannot bring claims themselves like in a personal injury case involving adults. Sometimes, a parent’s concern for their injured child overshadows their need to file a lawsuit. However, the costs of treating their child’s injuries can be overwhelming.

Georgia law makes provisions for parents or legal guardians to bring a personal injury claim on their child’s behalf. The parent or legal guardian filing the claim is called the next friend.

After you file a lawsuit, the court may assign a guardian if they decide you will not act in your child’s best interest. This person is responsible for representing your child’s rights and interests. They will also ensure there are no conflicts of interest when awarding compensation.

In personal injury cases involving minors, parents often file two separate claims. One of them is to compensate the parent, while the other is to compensate the child. Under the parent’s claim, they may seek:

• Any wages lost while caring for the child

• Any other expenses for caring for the child’s injury

• Reimbursement of medical expenses

The claim for the child covers compensation for the injuries suffered. It may also cover future expenses and lost wages for their injuries. Georgia law (GA Code 29-3-3) has specific provisions that govern the negotiation of settlement funds. Parents or legal guardians may negotiate compensation of less than $15,000. But, any amount above $15,000 requires court approval.

The parent or guardian must become a legal conservator appointed by the Probate Court. The minor’s attorney or insurance company must file a petition to get approval. If the court approves the settlement agreement, the parent or guardian may receive the funds. Without approval, the child can bring a claim against the at-fault party when they turn eighteen.

Although the person injured is a child, the same legal elements apply, including:

• The negligent party owed your child a duty of care
• There was a breach of that duty
• The child sustained injuries as a direct result of the breach
• Damages were suffered because of the breach

In determining negligence, Georgia courts apply the reasonable person standard. This standard may be adjusted if the child is partially to blame. Courts do not generally hold children to the same standards as adults. This is because they lack the maturity to understand the consequences of their actions.

What Happens to the Money Received from a Child Injury Claim?

How money received from a settlement agreement is used depends on who receives the money. The court may decide how the settlement funds should be spent. If they award the funds to a guardian, they will decide how to use them.

The guardian must use the funds to provide for the child’s needs. This includes providing proper healthcare and paying medical bills.