Navigating Legal Challenges When Children Are Involved in Atlanta Car Accidents

The sound of screeching tires followed by the jarring impact of a collision is terrifying for anyone. When a child is in the car, that terror is magnified a hundredfold. Your first instinct is to protect your child, to shield them from harm, but in the chaotic moments after a car accident, it is difficult to know what to do. The priority is their immediate safety and well-being, but soon after, a wave of questions about the future begins to build. How will you cover the medical bills? What are your child’s legal rights? How do you hold the responsible driver accountable?

These are not questions any parent wants to face. Pursuing a personal injury claim for a minor involves unique legal procedures and considerations that differ significantly from adult claims. 

What Are the First Steps to Take After a Crash Involving a Child?

Your actions in the minutes and hours following an accident can have a substantial impact on both your child’s health and any subsequent legal claim. While panic and adrenaline are high, try to remain as calm as possible and prioritize these steps:

• Assess for Injuries and Call 911: Check on your child and other passengers immediately. Even if injuries do not seem severe, call 911. A police officer can create an official accident report, and paramedics can provide an immediate medical evaluation. Some injuries, particularly head trauma or internal injuries, are not always visible.
• Seek a Full Medical Evaluation: Whether or not your child is transported by ambulance, it is vital to have them thoroughly examined by a medical professional as soon as possible. Go to an emergency room or your pediatrician. A visit to a facility like Children’s Healthcare of Atlanta ensures that specialists in pediatric injuries can provide a proper diagnosis. This creates an official medical record linking any injuries to the accident.
• Gather Information at the Scene: If you are physically able, collect key information. Use your phone to take pictures of the vehicles, the license plates, the accident scene, any visible injuries, and property damage. Exchange contact and insurance information with the other driver. Get the names and phone numbers of any witnesses who saw what happened.
• Do Not Discuss Fault: Avoid admitting fault or apologizing to the other driver. Stick to the facts when speaking with the police. Statements made at the scene can be used against you later by an insurance company.
• Document Everything: Start a file to keep all accident-related documents. This includes the police report number, medical records, receipts for any expenses, and notes about your child’s symptoms and recovery progress.

How Are Injury Claims for Minors Different from Adult Claims?

The legal system recognizes that children are vulnerable and cannot make legal decisions for themselves. Because of this, Georgia law has specific rules in place to protect a minor’s interests when they are injured in an accident.

A primary distinction is that a minor cannot file a lawsuit on their own behalf. Instead, a parent, legal guardian, or court-appointed representative must initiate the claim. This individual acts as the child’s “next friend” in legal proceedings.

Furthermore, any settlement reached on behalf of a minor requires court approval in Georgia. This is not a mere formality. A judge in the appropriate probate court, such as the Fulton County or DeKalb County Probate Court, will review the settlement terms to ensure they are fair and in the child’s best interest. This judicial oversight prevents situations where a settlement might be inadequate or where the funds might be mishandled before the child reaches adulthood.

What Are Georgia’s Child Passenger Safety Laws?

Georgia has specific laws designed to protect children in vehicles. According to the Official Code of Georgia Annotated (O.C.G.A.) § 40-8-76, children must be properly secured in a car seat or booster seat that is appropriate for their age, weight, and height.

• Children Under 8: All children under the age of eight whose height is less than 57 inches must ride in the back seat in a federally approved car seat or booster seat.
• Proper Restraint: The specific type of seat—rear-facing, forward-facing, or booster—depends on the manufacturer’s recommendations for the child’s size.
• Back Seat Requirement: Georgia law mandates that children under eight ride in the rear of the vehicle. The back seat is generally the safest location for a child.

If an at-fault driver’s negligence caused the crash, they are still liable for your child’s injuries. However, insurance companies may try to argue that injuries were worsened by improper restraint to reduce their payout. Adhering to these safety laws not only protects your child but also strengthens your position in a personal injury claim.

What Types of Damages Can Be Recovered for an Injured Child?

When a child is injured, a legal claim can seek compensation for a wide range of damages, covering both present and future needs. The goal is to ensure the child has the financial resources for a full recovery and to compensate them for what they have endured.

Recoverable damages may include:

• Medical Expenses: This covers all costs related to the injury, such as ambulance rides, emergency room visits, hospital stays, surgeries, doctor’s appointments, physical therapy, and prescription medications.
• Future Medical Care: If the injury requires long-term treatment, such as ongoing therapy, future surgeries, or assistive devices, the estimated cost of this care can be included.
• Pain and Suffering: This compensates the child for the physical pain, discomfort, and emotional distress caused by the accident and their injuries.
• Emotional and Psychological Trauma: Car accidents can be terrifying for children, leading to conditions like PTSD, anxiety, or a fear of riding in cars. Compensation can be sought for therapy and counseling.
• Disfigurement and Scarring: If the accident resulted in permanent scars or disfigurement, compensation is available for the physical and emotional impact.
• Loss of Future Earning Capacity: In cases of severe, permanent injury that may affect the child’s ability to work and earn a living as an adult, a claim can be made for this potential loss.

Calculating these damages, especially future needs and non-economic damages like pain and suffering, is a complex process often requiring input from medical and financial professionals.

Does Georgia’s Statute of Limitations Affect a Child’s Claim?

In Georgia, the general statute of limitations for personal injury claims is two years from the date of the injury. For adults, this means a lawsuit must typically be filed within that timeframe. However, the rule is different for minors.

Under O.C.G.A. § 9-3-90, the statute of limitations is “tolled,” or paused, for a minor. This means the two-year clock does not begin to run until the child’s 18th birthday. In theory, this gives them until their 20th birthday to file a claim.

While this extended timeframe exists to protect the child’s rights, waiting years to pursue a claim is rarely advisable. Evidence disappears, witness memories fade, and the at-fault driver may become difficult to locate. Delaying can make it significantly harder to build a strong case. More importantly, waiting prevents the child from receiving the financial resources they need for their immediate recovery and care.

How Does the Minor Settlement Approval Process Work in Georgia?

As mentioned, any settlement over a certain amount for a minor must be approved by a probate court judge. This process is designed to safeguard the child’s financial recovery.

Reaching a Tentative Settlement: First, your attorney negotiates with the insurance company to arrive at a fair settlement amount that covers all of the child’s damages.

Filing a Petition: A formal petition is then filed with the probate court. This petition details the facts of the accident, the extent of the child’s injuries, the medical expenses incurred, and the terms of the proposed settlement.

Judicial Review: A judge reviews the petition and all supporting documentation. The judge’s sole concern is whether the settlement is in the “best interests of the child.” They will assess if the amount is adequate and if the plan for managing the funds is sound.

Protecting the Funds: The court will not allow the parents or guardians to simply receive the settlement funds directly. Instead, the judge will order the money to be placed in a protected financial instrument until the child turns 18. Common options include:

• A restricted bank account: This account requires a court order for any withdrawals before the child reaches legal adulthood.
• A structured settlement (annuity): The settlement funds are used to purchase an annuity that will pay out to the child over a set period of time, often beginning at age 18.

This court-supervised process ensures the settlement money is preserved and used for the child’s benefit, providing financial security for their future.

How Do You Prove the Other Driver Was Negligent?

To secure compensation for your child, you must prove that the other driver’s negligence caused the accident. Negligence is the failure to use reasonable care, which results in harm to another person. Evidence is key to establishing this.

• The Police Report: The official report contains the officer’s initial observations, diagrams of the scene, witness information, and any citations issued to the at-fault driver. A citation for speeding, running a red light, or another traffic violation is powerful evidence of negligence.
• Witness Statements: Independent witnesses who saw the crash can provide an unbiased account of what happened. Their testimony can confirm that the other driver was speeding, distracted, or driving erratically.
• Photos and Videos: Visual evidence from the scene can show the positions of the cars, road conditions, and the severity of the impact, helping to reconstruct the events.
• Expert Testimony: In complex cases, an accident reconstruction professional can analyze the physical evidence to provide a scientific opinion on how the crash occurred and who was at fault.

Building a compelling case requires gathering and preserving all available evidence to create a clear and convincing narrative of the other driver’s fault.

Get the Guidance Your Family Deserves

When your child has been hurt in a car accident, the path forward can seem overwhelming. You are not only dealing with your child’s physical and emotional recovery but also a complex legal system with its own set of rules for minors. The legal team at The Monk Law Firm is committed to helping Atlanta families protect their children’s rights and secure the resources needed for their future. We can handle the investigation, communicate with the insurance companies, and guide you through the court approval process, allowing you to concentrate on your child. 

To discuss your case and learn more about your family’s legal options, call us at 404-255-5556 or contact us online for a consultation.