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When Children are Parties in Personal Injury Claims

Children are less mature and have a lesser understanding of right and wrong than adults.  However, injured children have just as much of a right to recover from a responsible party as adults.  Furthermore, sometimes a child’s lack of judgment causes injury, and the injured victim has a right to recover for their injuries even though the responsible party was a minor.  Cases involving children often have different requirements and procedures, and it is very important that you are represented by someone who understands this type of case.  If you or your child has been injured, contact a Coweta County personal injury attorney as soon as possible.

 

Injuries to Children

Injured children have the same rights to recover for their injuries as do adults.  A child does not have the full understanding and skills necessary to negotiate in a personal injury case, so the court allows a parent or other guardian to negotiate the claim on their behalf.  Children have the right to recover the same amount an adult would collect for reimbursement of expenses, future medical expenses, future lost wages, pain and suffering, and permanent disabilities.  Parents also have the right to collect for any expenses they paid for on behalf of the child.

 

Injuries caused by Children

In a normal negligence case, a plaintiff must prove that the defendant breached a duty of care and caused an injury.  Children do not have the same understanding of duties of care as adults, therefore the liability for injuries can vary depending on age.  Generally, children under the age of seven are not held responsible for injuries that occur because of accidents that they cause.  However, as children get older and have more maturity, they may be held liable.

Contact a Fayette County personal injury attorney for a free consultation

 

Because cases involving children are often more complicated, you always want to consult with an experienced PI attorney.  If you have a case involving a child, call the Law Offices of Shane Smith today at (770) 487-8999.


Shane Smith
Advocate for the Seriously Injured in Georgia