Child Injury Lawyer Serving Atlanta
As a parent, there is nothing more painful and distressing than seeing your child suffer injuries due to another person’s misconduct or inattention. You are right to want to hold that person accountable. You are also right to seek compensation for all losses caused by your child’s injury by working with a skilled Atlanta child injury lawyer.
The attorneys of James M. Poe, P.C., understand the burdens faced by child injury victims and their families in Atlanta and across Georgia. We know how to handle the unique issues that arise in these cases.
To learn more about how we can serve you and your family, contact us today by phone or online. Our initial consultations are always free and confidential. We also provide answers to frequently asked questions about legal options when a child is injured.
Child Injury Cases We Handle
Trial lawyers Jim Poe and Matt Poe have an extensive background in personal injury and wrongful death litigation. They can handle a wide range of child injury cases, including those that involve:
- Birth injuries caused by medical malpractice that occurs before, during or immediately after a child’s birth. Medical errors can cause a child to suffer cerebral palsy, brachial plexus injuries such as Erb’s palsy or Klumpke’s palsy or other lasting disorders.
- Head injuries for children are far too common and some can be avoided when they are caused by negligence or recklessness. Injuries on playground equipment, at daycares, or those due to poorly maintained sporting equipment and facilities, or harm caused by fellow students in school may result in a valid legal claim.
- Motor vehicle accidents caused by careless or reckless drivers such as those who speed, drive drunk or drive while texting or talking on a cell phone.
- Poor supervision by those we have trusted to properly care for and look after our children, including daycare providers, teachers and school staff, coaches and camp counselors.
- Defective products that harm children when they are used as the manufacturer intended. Unfortunately, children are injured every day by defective toys, playground equipment and sports equipment. Children also suffer injuries when devices that are supposed to protect them in an auto crash fail such as seat belts and child safety seats.
How Our Atlanta Child Injury Attorney Can Help You
Child injury cases share much in common with other personal injury and wrongful death cases. These cases require a thorough investigation and close consultation with experts to determine how the injury occurred, who should be held responsible and how much physical, mental and financial harm has been caused by another person’s misconduct.
However, in many other ways, these cases must be handled differently. For instance:
- Guardian ad litem – In some cases a guardian ad litem may need to be appointed with legal authority to make important decisions on the child’s behalf such as whether to accept or reject a settlement offer. Our lawyers can help parents go through the guardian ad litem process when that is appropriate.
- Separate claims – Under Georgia law, there are always two claims when a child is injured.
The parental claim consists of two elements. The first is a claim for medical expenses. Since parents are responsible for the medical expenses necessary to care for an injury until the child reaches age 18 they, must pursue that claim. The second element of the parents’ claim is for loss of services of their child.
The child’s claim is to recover for pain and suffering, for any permanent injuries which may impact the child in the future including any lost earning capacity, for lost abilities and for any medical or other expenses which would be incurred after age 18.
- Availability of certain defenses – Under Georgia law, the at-fault party’s ability to claim that a child’s own negligence or assumption of risk contributed to an accident depends on the age and maturity of the child. The evaluation and defeat of these arguments requires experienced, detail-oriented counsel.
- Settlements – Georgia has very specific provisions relating to court approval of settlements on behalf of minors. There are very strict provisions for the protection and management of children’s assets until they reach 18. Negotiating a minor’s settlement to maximize the child’s recovery requires experienced counsel who recognizes the issues and can structure a settlement to meet these requirements.
Contact Our Atlanta Child Injury Lawyers
When you are ready to take action, contact the lawyers of James M. Poe, P.C., to discuss your child injury case. We assist child injury victims and their families throughout Atlanta and Georgia. We can put our experience in this area to work for you right away.
Sources & More Information
• Protect the Ones You Love: Child Injuries are Preventable, Centers for Disease Control and Prevention
• Children, Traffic Safety Facts, National Highway Traffic Safety Administration