How Our Personal Injury Lawyers Fight for Children
At the Spiva Law Group, we have handled many cases involving serious injuries to children. We know that these types of injuries are devastating to families, and they are gut-wrenching for us, as well. In fact, our team has handled so many traumatic brain injury cases involving children that we launched the Justice for Children Foundation, which aims to protect children from accidents involving head injuries.
When you choose our personal injury lawyers to handle your case, you get a caring and experienced team of legal professionals on your side. You can count on our firm to:
- Take a team approach to handling your case. Our diverse group of skilled attorneys, investigators, medical consultants, and legal assistants all work toward the shared goal of seeing to it that your child’s and your family’s needs are met.
- Use our connections and resources to help your child get the comprehensive care he or she needs. We know how overwhelming it can be to go through treatment and rehabilitation for a serious childhood injury, and our team is here to help your family through this process. We can refer you to medical specialists, in-home care agencies, support groups, etc.
- Send a “letter of representation” to creditors and insurers to let them know a legal claim is underway. We will instruct all parties involved to contact us with questions or concerns, rather than burdening your family during this difficult time.
- Thoroughly investigate the cause of your child’s injury and identify the responsible party. We will uncover every potential source of compensation that may be available to you.
- Calculate how much your child’s injury will cost over the course of a lifetime. We do not want your child or your family to carry financial burdens related to this accident and injury down the road. So we carefully account for every expense you may face related to your child’s recovery.
- Fight aggressively for full and fair compensation. We will prepare a solid case in order to negotiate with insurers from a position of strength, and our litigation team will be prepared to take your claim to court if the insurance company refuses to offer a fair settlement.
Nothing can change the fact that this injury has changed your child and your family forever. However, our highly respected Savannah personal injury law firm will dedicate all our resources to pursuing the compensation and justice you deserve.
Schedule a free consultation with our Savannah child injury attorneys today to learn how we can help your family move forward after a serious accident.
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Who Is Responsible for Your Child’s Injury?
When we ask other adults to look after our children, the person or organization that agrees to take on some of the functions and responsibilities of a parent also accepts a legal responsibility. The legal concept of in loco parentis (“in the place of a parent”) allows us to hold the temporary substitutes for parents liable if they have neglected their duty and your child gets hurt.
Most often the concept of in loco parentis is applied to the relationship between schoolteachers and their students. However, anyone who assumes legal responsibility for minor-age children can be held liable for any acts (recklessness) or inaction (negligence) that cause children to be harmed. This may include, but is not necessarily limited to:
- Day care workers and teachers
- Camp counselors
- Schools and day care centers
- Youth organizations (including youth camps)
- Civic groups
If you entrusted someone with the care of your child and your child was seriously injured due to that person’s negligence or recklessness, you need to speak with our knowledgeable attorneys immediately. In Georgia, you have a limited amount of time to file a personal injury claim, so it is important to get honest legal advice as soon as possible after a serious accident.
Dangerous Toys and Defective Children’s Products
In addition to people and organizations we trust to care for our children, we also tend to assume that the products our children are playing with or using do not pose a hazard to their health. Every day we clothe our children, give them toys, and secure them in children’s furniture, confident that they are safe to use. Unfortunately, dangerous and defective children’s products cause thousands of injuries and deaths every year.
Children’s product manufacturers have a legal duty to ensure the products they sell are safe when used as intended, and/or they must advise users of any potential hazards the product poses. The Georgia product liability statute makes manufacturers of consumer items liable for injuries that a person suffers due to a product defect that existed when the item left the manufacturer.
In order to prove that your child was injured by a dangerous or defective product, we must show that the product:
- Was designed in a defective manner
- Was manufactured incorrectly, i.e., did not meet design standards
- Failed to contain adequate warnings or instructions in packaging or marketing
- Failed to perform as described by the manufacturer
Any time a child is injured in an accident involving a consumer product, it is appropriate to investigate the incident and the injury. Our attorneys can help you determine whether a defect in the product’s design or manufacture caused your child to be hurt. Contact us today to talk about what happened and learn about your rights.
Common Causes of Injuries to Children
Children are highly vulnerable to accidental injury. The chances of a child being severely injured are greater for babies and toddlers, as well as older youths, especially boys.
Our work with the families of injured children and child injury statistics indicate that the most common causes of accidental injury in childhood are:
- Motor vehicle accidents, including being struck by vehicles
- Dog bites and maulings
- Suffocation (entrapment)
- Burns, including by steam or scalding water in baths or kitchens
- Sports and recreation injuries, particularly concussions and broken bones
No matter what type of accident your child has been hurt in, if you believe the injury was caused by negligence or recklessness, you should speak with our attorneys about your rights. We have extensive experience handling all types of personal injury claims involving children, including car accidents, product liability, and premises liability claims.
In the worst tragedies, our firm handles wrongful death claims on behalf of parents who have lost children in preventable accidents.
Compensation for Losses Due to a Child’s Injuries
In a child’s injury case, a claim would be filed on behalf of the injured child through an appointed “guardian ad litem,” which is typically one or both parents. A guardian ad litem has the legal authority over personal and property interests of another person, known as a “ward,” such as a minor (underage) child.
The parent(s) financially responsible for the child may also file a separate claim to be compensated for what the injury has cost them.
Either or both claims could seek compensation, or “damages,” for:
- Medical costs related to injury(s) suffered in the accident, including future costs of treatment and other long-term care needs
- Lost income since the accident (for a parent who has had to care for the child)
- Future income losses due to a child’s permanent disability
- Loss of companionship between the child and parent
- Pain and suffering
- Emotional distress
When a child has suffered a catastrophic injury, a proper claim for compensation looks toward the child’s future. A childhood injury that is disabling or disfiguring will cause lasting harm and expense, such as for assistive devices and special education needs, as well as for medical procedures that cannot be attempted until a young child grows and matures.
A seriously injured or disfigured child may not lead a full childhood and may continue to face limitations as a youth or adult. This may include difficulty engaging in organized sports and recreation, obtaining higher education and employment, as well as fewer opportunities for dating, marriage, and one day having a family. These factors, which lead to loss of enjoyment of life, must be a part of pain, suffering, and emotional distress damages.
In a parents’ claim, in addition to restitution for medical expenses, demands for compensation may consider work time lost while providing assistance to their injured child and/or advocating for their disabled child. Parents’ ongoing grief over the life their child should have had but will never live is deserving of compensation, as well.
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Contact Our Savannah Child Injury Attorneys Today
If your child has suffered serious injuries due to someone else’s negligence or recklessness, you and your child may be eligible for compensation to pay medical expenses and other costs and losses you face. Our Savannah child injury lawyers can thoroughly investigate the current and future costs of this injury to your child and you. Our law firm will work aggressively to demand that insurance companies provide the maximum compensation available to you.
Schedule a free consultation with the Spiva Law Group in Savannah today. For more than 30 years, individuals and families who have suffered catastrophic injuries in Georgia have trusted their claims to us. We do not charge anything upfront to start working on a personal injury claim, and we will only seek payment if and when we recover money for you. Contact us now.