Gwinnett County Child Injury Lawyers

Nothing could be more distressing to a parent than when his or her child suffers a serious injury resulting from another person’s carelessness, negligence, or misconduct. Fortunately, in many cases, parents can hold bad actors accountable and pursue compensation on behalf of their children.

Child injury cases are unique in that they often involve special issues that do not come up in personal injury cases that involve adults. If your child has suffered injuries in an accident that was caused by another person’s negligence, the experienced Gwinnett County child injury lawyers at Brauns Law Accident Injury Lawyers, PC are ready to help.

Our legal team will help you file the claim—usually against the at-fault party’s insurance company—and pursue a settlement on your child’s behalf. If the insurance company is not willing to offer the monetary compensation that your child deserves, we can file a lawsuit and litigate the case in the Georgia state court system.

There are various forms of negligence, malpractice, and carelessness that can lead to serious child injuries in and around Gwinnett County, Georgia.

Below, we describe some of the most common types of child injuries that may result from the negligence of another person or entity.

• Birth Injuries. Birth injuries in Gwinnett County are often the result of some type of medical negligence or medical malpractice by a healthcare provider, such as a doctor or attending nurse at the hospital or in the delivery room. In addition, medical malpractice can occur at some point before or after the child’s birth—and in some cases, during birth. Medical errors may involve the improper use of forceps during the birth, administering too much medication, and depriving the infant of oxygen during the birthing process. These and other medical errors can lead to significant and potentially lifelong consequences for the child, including cerebral palsy, Erb’s palsy, and Klumpke’s palsy, among other serious disorders and problems.
• Head Injuries. Children’s heads and brains are not fully developed, and when a child suffers a serious traumatic head or brain injury, it can sometimes lead to irreversible symptoms and consequences. In many cases, head injuries are the result of someone else’s careless conduct. At other times, these injuries occur because of defective or poorly maintained equipment at facilities, nursery schools, and daycare centers. Also, child athletes can suffer head injuries due to sporting facilities and equipment that are not properly maintained or defective. If a child suffers a head injury after another child bullies him or her at school, the child’s parents may bring a claim against the school, school system, or board of education for negligent supervision.
• Motor vehicle accidents. Like adults, children in motor vehicle accidents as passengers can suffer extremely serious and debilitating injuries. Again, since children’s bodies are more delicate, the injuries that a child suffers in a car or truck accident may be more severe than what an adult might suffer. A child may suffer a head injury, broken bone, or soft tissue injury, for example. Motor vehicle accidents can result from various forms of negligence, including speeding, distracted driving, and other common violations of the Georgia road rules. Child injury victims can pursue monetary compensation from the at-fault driver’s insurance company and possibly from others.
• Inadequate supervision. Serious child injuries can also result from poor or inadequate supervision. Parents trust daycare providers, school staff, coaches, camp counselors, and schoolteachers to properly care for their children when they (the parents) are not around. When these individuals fail to adequately supervise children and an accident and injury results to the child, then the child’s parents have a valid legal claim against the negligent individual, school system, and/or board of education.
• Defective Products. When parents purchase products for their children, they expect that the products will work correctly and not cause injuries. Sadly, that does not always happen, and playground equipment, toys, and other products designed for children can be defective and cause injuries. Other potentially defective equipment that can lead to a child injury includes child safety seats and car seatbelts.

There are several ways that an attorney may assist when it comes to pursuing monetary compensation in a child injury case. First, your lawyer can investigate the accident or occurrence that injured your child. An attorney may also consult with and retain an expert to determine how your child’s injury likely occurred, as well as the persons or entities that may be fully or partially responsible for the accident/occurrence and the injury.

An expert, including a medical expert, can be useful in determining the exact amount of mental, physical, and financial harm that a child suffered as a result of sustaining the injury in question.

A lawyer can also be helpful when it comes to filing your Gwinnett County child injury claim. In a child injury case, the burden of proof is on the plaintiff to demonstrate that an individual or entity behaved unreasonably under the circumstances. For example, the operator of a motor vehicle may have been speeding, weaving in and out of traffic, or running a red light or stop sign, resulting in the accident.

In the case of defective equipment at a playground or daycare facility, the manufacturer of the equipment may not have properly tested the equipment before making it available for consumers to purchase, or the product may have been designed defectively. Finally, in negligent supervision cases, the person or persons responsible for supervising the child may not have done so adequately, causing the child to become injured.

In addition to proving that a person or business entity negligently brought about the occurrence which led to the child becoming injured, the plaintiff also has the burden of proving that the injury which the child sustained actually resulted from the accident—and that it occurred because of the accident.

Also, in cases where a child is injured in an accident, there are always two separate claims under Georgia law. The first claim is called the parental claim, and it has two distinct elements. The first element of the parental claim is for medical expenses. This claim is necessary because a child’s parents are generally responsible for paying a child’s injury-related medical expenses up until the child turns 18 years old. The second element of the parental claim is for the loss of the child’s services.

In addition to the parental claim that is asserted by the child’s parents in a child injury claim, the child can also assert his or her own claim. As part of the child’s claim, the child may be eligible to recover monetary compensation for all of the pain and suffering which he or she had to endure as a result of the accident and the injuries.

The child can also recover monetary compensation for any permanent injuries that he or she suffered in the accident or occurrence. These permanent injuries may affect a child’s future ability to work, resulting in a claim for loss of earning capacity. The child can also pursue compensation for loss of abilities due to his or her accident-related injuries. Finally, the child can seek compensation for the costs of any anticipated medical care, treatment, and expenses that he or she may need, due to the injuries suffered in the accident or occurrence.

Some special considerations apply to injuries that involve minor children.

For example, in some instances, the court may need to appoint a guardian ad litem in personal injury cases that involve child injuries. A guardian ad litem makes decisions on behalf of the child. The guardian ad litem may have the legal authority to accept or reject a particular settlement offer that the insurance company may have put on the table.

The knowledgeable Gwinnett County child injury attorneys at Brauns Law Accident Injury Lawyers, PC can help you determine whether you need a guardian in your child’s personal injury case and, if so, can take the necessary action to have the court appoint a guardian.

In a personal injury case, the plaintiff, or the individual who is filing the claim or lawsuit, has the burden of proving the various legal elements of the claim. However, the at-fault individual, or the defendant, may raise a defense to that claim.

In some adult personal injury cases, the at-fault party may claim that the accident victim contributed to the accident and his or her injuries in some way. However, the ability to raise that kind of defense in a child injury case depends upon several factors, including the child’s maturity and the child’s age at the time of the accident.

An experienced Gwinnett County child injury attorney at Brauns Law Accident Injury Lawyers, PC can assist you with responding to any defenses raised by the other side in your child’s case, offering you the best chances of success.

Many Gwinnett County child injury cases ultimately settle outside of court. When that happens, the case does not have to go all the way to trial, and a jury will not decide a verdict or a damage award. However, specific rules govern settlements involving minors; these settlements often require court approval. Children’s assets have to be closely managed until they reach 18 years of age. In some cases, a structured settlement arrangement will be necessary, rather than a single, lump-sum award.

Gwinnett County child injury settlement negotiations can take time. The process typically begins when the plaintiff’s lawyer submits a demand package to the insurance company adjuster or defense attorney in the case. The adjuster or defense attorney will review the settlement demand, including all pertinent medical records, bills, and other documentation, and may make an opening offer on the case. These initial offers are usually very low, and it will take some negotiating before the offer comes up significantly.

Even still, the insurance company may not be willing to offer full and fair compensation for your child’s injuries in the accident or incident. When that happens, your lawyer will need to file a lawsuit in the case and take your case to trial.

The experienced Gwinnett County child injury attorneys at Brauns Law Accident Injury Lawyers, PC will work hard to help you pursue the best possible compensation award in your child’s personal injury case. If the insurance company refuses to offer your child fair compensation, we can litigate your case through the court system, and if necessary, take it to a jury trial.