Yes, as often as possible, when it is reasonable, our experienced Duluth child injury attorneys will resolve a claim through a negotiated settlement with the one or multiple parties who are liable for the child’s injuries and damages. In some cases, it could be necessary to file legal action first. Still, other child injury claims resolve without the need for litigation.
Settlements are often preferable for both sides as opposed to litigation. When the attorneys for both sides can negotiate a settlement, the claim is over sooner and costs less money. Both parties also have more control over the outcome of the case if they can settle.
Going to court can be risky for the insurance company. Juries often side with victims, and the insurance company could end up owing much more than if they had negotiated a settlement. At the same time, injured individuals also take a risk by going to court as the jury could side with the insurance company. They could receive less compensation than if they had agreed to a settlement, or they may not receive any compensation at all.
Typically, a Duluth child injury lawyer will negotiate with legal counsel for the at-fault party’s insurance carrier to reach a fair settlement for the child’s claim as well as the parents’ claim. Depending on the size of the child’s total compensation, Georgia law may require that either the court approves the settlement. In addition, depending on the settlement’s size, the monies might need to be subject to supervision by the county probate court in which the child resides.
In compliance with Georgia law, settlements of more than $15,000 are subject to court supervision to properly protect and manage those funds until the child reaches 18. Annual reports will need to show proper handling of the funds. Our Duluth child injury attorneys cautiously handle the negotiation and structuring of child settlements to ensure compliance with Georgia law and protect injured minors in civil proceedings.
