Car accidents can have devastating effects on families, especially when children are involved. In Georgia, the process of seeking compensation for children injured in a car accident can be complex. The average settlement for a child in a car accident in Georgia varies based on several factors, including the severity of the injuries.
This blog explores the key elements of child injury settlements in Georgia car accidents and how a skilled Atlanta car accident lawyer from The Weinstein Firm can help you navigate the process.
The Impact of Car Accidents on Children
Children are particularly vulnerable in car accidents because of their smaller, more delicate bodies. Even when proper safety measures, such as seat belts and child safety seats, are in place, children can still suffer severe injuries due to the force of a collision. Car accidents can lead to various injuries for children, including:
- Head and brain injuries: Concussions, traumatic brain injuries (TBI), and other head injuries are common in accidents involving children. TBIs, in particular, can have long-term effects on a child’s cognitive and developmental abilities.
- Spinal cord injuries: Injuries to the spine can result in paralysis or long-term mobility issues, drastically altering a child’s future.
- Fractures and broken bones: Children’s bones are still developing, making them more susceptible to fractures.
- Psychological trauma: Beyond physical injuries, children may develop post-traumatic stress disorder (PTSD), anxiety, and other emotional disturbances following a car accident.
Given the physical and emotional toll, compensation must address not only immediate medical expenses but also long-term treatment, therapy, and any changes to a child’s lifestyle.
What Influences the Car Accident Settlement for a Child?
Determining the average car accident settlement in Georgia depends on multiple factors, and some elements are different in cases involving children. An experienced attorney can ensure your child’s car accident claim reflects the full extent of economic and non-economic damages.
Severity of Injuries
The extent of the injuries sustained by the child is the primary factor in determining the settlement amount. More severe injuries, such as spinal cord damage or brain injuries, often lead to higher settlements due to the long-term medical care and potential lifelong disability associated with these injuries.
Medical Costs and Future Treatment
Medical expenses include not just the costs of initial treatments, such as emergency room visits or surgeries, but also future treatments. If the child requires ongoing physical therapy, rehabilitation, or surgeries, the settlement amount will increase accordingly.
Pain and Suffering
Pain and suffering refer to both physical pain and emotional distress the child endures. Children are often more susceptible to emotional trauma following an accident, and a settlement can reflect the emotional impact of the accident, particularly if a child develops anxiety, PTSD, or other behavioral changes.
Loss of Quality of Life
The settlement may include compensation for the diminished quality of life if an injury permanently limits the child’s ability to participate in activities or live independently. This factor is crucial in cases involving permanent disability or long-term medical needs.
Parental Lost Wages
Often, a parent or guardian must take time off work to care for their injured child, attend medical appointments, and manage treatment. Compensation for lost wages is typically included in the settlement to account for this financial impact on the family.
Future Earning Capacity
If the injury results in permanent disability or impacts the child’s ability to pursue higher education or a career in the future, the settlement may include an estimation of the child’s future lost earnings.
Average Settlement for a Child in a Car Accident in Georgia
Here’s a breakdown of the average settlement for a child in a car accident in Georgia based on the severity of injuries.
Minor Injuries
When a child suffers minor injuries, such as soft tissue injuries, the average settlement may range from $1,000 to $10,000. This typically covers medical bills and the costs associated with the inconvenience of the accident.
Moderate Injuries
For injuries such as broken bones, mild concussions, or injuries requiring temporary medical intervention, settlements often range from $10,000 to $50,000. These cases may also include compensation for pain and suffering, ongoing medical expenses, and parental lost wages.
Severe Injuries
Cases involving life-altering injuries, such as traumatic brain injuries or spinal cord injuries, can lead to settlements ranging from $100,000 to several million dollars. The high settlement reflects the need for long-term care, rehabilitation, and possible future income losses.
How Settlements Are Handled for Children in Georgia
In Georgia, when a child is involved in a personal injury settlement, the state requires court approval for any settlement amount over $25,000. This safeguard ensures that the child’s interests are protected, and the settlement is fair.
Once a settlement is approved, the funds are typically placed in a trust or held by the court until the child reaches the age of 18. In some cases, the court may allow access to the funds earlier if they are needed for the child’s immediate medical or educational needs.
The Role of Insurance Companies in Negotiating Settlements
Insurance companies are notorious for attempting to settle claims for as little as possible, often offering settlements that don’t fully account for future medical care or pain and suffering. This is why it’s crucial for families to work with an experienced attorney who understands how to negotiate with insurance companies to secure a fair settlement.
At The Weinstein Firm, we have extensive experience negotiating with insurance companies and advocating for injured children and their families. We know how to push back against lowball offers and secure the maximum compensation.
What Do I Do After a Car Accident Involving My Child?
Very few parents can remain composed after seeing their kids get hurt. However, after a car accident, your composure benefits your child. This is because you can make better decisions when collected. So, after an accident involving your kids, these steps can help.
Assessing the accident scene calmly is essential to gauge the extent of your children’s injuries. Even in a minor car accident, serious injuries can occur, necessitating immediate medical attention. Beyond physical harm, personal injury claims often account for emotional distress experienced by both the child and the parent. Handling the situation with a clear mind ensures better decisions for your child’s well-being and legal standing.
Check on Your Kids
The first thing to do after an accident is to check your kids. Here, you’d be checking that they aren’t in fatal danger. If possible, examine all your kids individually. You can also ask them to explain how they feel. Suppose you’re too hurt to conduct this check. Then, you can try asking for help from passers-by.
Assessing your child’s injury immediately is crucial, especially in motor vehicle accidents. Identifying any serious injuries early can significantly affect the accident victim’s recovery. When a child in a car expresses pain and suffering, swift action is essential. Understanding the details of how the motor vehicle accident occurred will be vital for future claims and medical care.
Stay Calm
Panic never helps accident victims. You can make terrible decisions in panic mode. Therefore, remaining calm is the best move. Furthermore, your children look up to you, especially in dangerous situations. If you stay calm, they’ll follow your lead. So, stay calm, avoiding confrontation until help arrives.
In a car accident, staying composed is crucial, especially when children are injured. As their legal guardian, your response can significantly influence the situation. Remaining calm helps you manage serious injury scenarios and potential life-altering injuries effectively. You don’t want to send them into any more emotional distress. This approach is also vital if you need to recover compensation later on for your car accident claim.
Call 911
Next, you have to call the police and other emergency services. If you need an ambulance, it’ll help to state this in the call too. When the police come, narrate how the accident happened to them. Furthermore, it would be best to follow up the investigation. The police report can help you identify the fault party.
Following this, filing an insurance claim becomes crucial for the accident victim. Serious injuries, such as traumatic brain injuries, can incur medical costs reaching tens of thousands of dollars. A thorough police report can significantly impact your car accident settlement, ensuring you seek compensation.
Get Medical Attention
Medical treatment is crucial for all accident victims. However, it’s more vital for injured children. Children are too young to continue with life without adequate medical treatment. Therefore, it’ll be best to allow them to undergo therapeutic treatment. The medical treatment and records would even become crucial during a personal injury claim.
In cases of motor vehicle collisions, even minor car accidents can result in significant accident injuries for a child. Conditions such as traumatic brain injury and post-traumatic stress disorder can severely impact a child’s health. Ensuring thorough medical care not only aids recovery but also strengthens a personal injury claim, highlighting the serious nature of the incident.
Extended Statute of Limitations for Injured Children
Atlanta accident victims don’t have forever to file compensation claims. Instead, they must initiate timely lawsuits. The Georgia Statute of Limitations thus prescribes how long you have to file an injury claim. Consequently, you have only two years to start an accident lawsuit. If you claim later than this period, the courts will deny your claim.
Fortunately, though, this statute doesn’t apply strictly to children. Instead, the statutory period starts counting when the child attains majority. This would ONLY be the case where you don’t file the claim representing your child. Here, your injured child must go to court personally within two years from their eighteenth birthday. A car accident attorney would be very knowledgeable about how to manage a car accident settlement with children injured, which is why you should ask for a free consultation today.
Restrain Your Kids While Driving
Properly restraining your kids while driving in Atlanta is crucial for their safety. While restraints cannot prevent accidents, they are proven to protect children during collisions. For instance, in 2017 alone, approximately 325 children under five years old survived car accidents in the United States because they were correctly buckled. Using appropriate seatbelts or child safety seats can make a life-saving difference.
Additionally, ensuring your children are properly restrained can impact more than just their physical safety; it also plays a vital role in legal and insurance considerations if a child is injured in a motor vehicle accident. In such cases, insurance coverage typically addresses bodily injury claims, and proper restraint can strengthen your case when seeking compensation.
When a child is injured in an accident, the at-fault driver’s liability may be closely examined, and your actions as a parent, such as ensuring proper restraint, can influence the resolution of claims. A properly restrained child demonstrates adherence to safety laws and responsible parenting, which may reduce potential disputes with insurance companies or during personal injury proceedings.
Therefore, take the time to secure your child with seatbelts or age-appropriate car seats every time you drive. It’s not just about compliance with the law—it’s about ensuring their safety and protecting your family’s rights in the unfortunate event of a collision.
Why You Need a Lawyer for Your Child’s Car Accident Claim
Navigating a personal injury claim for a child involves several complexities. From negotiating with insurance companies to ensuring that the settlement is in the child’s best interest, having a lawyer on your side can make a significant difference. Here are some of the key reasons why a personal injury lawyer is essential in these cases.
Evaluation of Damages
A lawyer can assess all the damages involved, including future medical expenses, loss of quality of life, and emotional distress. This comprehensive evaluation ensures that you seek the full amount of compensation your child is entitled to.
Negotiating with Insurance Companies
As mentioned earlier, insurance companies often try to minimize their payouts. A skilled car accident attorney knows how to counter low offers and fight for a fair settlement that truly reflects the impact of the accident on your child’s life.
Legal Guidance
Lawyers help protect your rights throughout the legal process, ensuring that all deadlines are met, the appropriate documents are filed, and the settlement terms are fair. They also offer guidance on how to handle the settlement funds to benefit the child in the long term.
In Georgia, settlements over $25,000 require court approval. A lawyer ensures that the process is smooth and that the settlement terms are in line with the child’s best interests.
Contact Our Atlanta Car Accident Lawyers Today
No parent wants to see their child suffer, especially as a result of a car accident. While no settlement can undo the trauma of the event, securing fair compensation can help ensure that your child gets the medical care and support they need moving forward.
A skilled Atlanta personal injury attorney at The Weinstein Firm can help you navigate the complexities of the legal process and fight for the compensation your family deserves. Our law firm has secured millions of dollars for clients across Georgia.
If your child has been injured in a car accident, don’t hesitate to contact our team for a free consultation. We will help you understand your legal options, guide you through the settlement process, and fight for your child’s rights every step of the way.
