As a parent, nothing is more distressing than seeing your child injured in an accident. Whether it’s a car crash, a dog bite, or a slip and fall, the aftermath can be overwhelming. Many parents wonder can a parent sue on behalf of their child in Georgia, and the answer is yes. Understanding when and how to take this step is crucial for ensuring your child’s interests are protected and their recovery is secure.

In this article, we’ll explore when parents can file a lawsuit for an injured child, the legal process involved, and what happens if the settlement amount exceeds $25,000. We’ll also look at a real-life example of a child injury case and the role of guardians and conservators in these situations.

Filing a Lawsuit on Behalf of Your Injured Child in Georgia: Can a Parent Sue on Behalf of Their Child?

In Georgia, if your child is under the age of 18 and has been injured in an accident, you, as a parent, can file a lawsuit on their behalf. This is a common step in personal injury cases where a child has been harmed due to another party’s negligence, such as a car accident, dog bite, or slip and fall injury.

As the parent, you will be representing your child’s interests in court. However, it’s important to note that while you are bringing the lawsuit forward, the recovery from the case is intended for your child, not for you as the parent. This means that any compensation awarded will be used to cover your child’s medical expenses, pain and suffering, future care needs, and possibly education costs. The legal process is designed to ensure the child’s needs are fully considered.

Protecting the Child’s Interests

One of the key reasons parents ask the question of “can a parent sue on behalf of their child?” is to make sure that their best interests are protected. Parents seeking compensation for their child’s injury are required to follow specific legal procedures to ensure that the settlement or court award is structured in a way that supports the child’s future. This includes both immediate medical costs and long-term care needs.

The role of the attorney representing your child is to guide you through this process, ensuring that all necessary documentation is in place and that the legal steps are followed properly to secure fair compensation for your child’s injury.

Settlements Over $25,000: The Need for Probate Court Approval

In Georgia, when a settlement involving an injured minor exceeds $25,000, it requires approval from probate court. This legal requirement ensures that the settlement funds are properly managed and allocated for the child’s benefit, both now and in the future. The probate court’s role is to confirm that the settlement is fair, and that the funds will be used appropriately.

For instance, if the settlement covers medical expenses, it ensures that the money will be used for ongoing therapy or future surgeries. Additionally, the court will work to ensure that funds are set aside for long-term needs, such as college education or additional medical care that might arise as the child grows older.

How Probate Court Approves Settlements

When the case involves a settlement greater than $25,000, the court will often require that the money be placed in a structured settlement or annuity. This financial structure guarantees that the child will have access to the funds at specific milestones, such as when they turn 18, to ensure they can meet their future needs.

It’s essential for parents to understand that probate court approval adds an extra layer of protection to the child’s settlement. It ensures that the child’s financial future is secure and that their medical and personal needs are met as they grow up.

The Role of Guardians and Conservators in Child Injury Cases

In some cases, when the injury is particularly severe or the settlement amount is substantial, additional legal steps may be necessary to ensure that the funds are handled properly. A guardian ad litem may be appointed to represent the child’s interests throughout the legal process. This individual is responsible for making sure that the child’s best interests are protected during the settlement or trial process.

In addition to a guardian ad litem, a conservator might be appointed if the settlement funds need to be managed for a longer period. A conservator is typically a trusted individual or financial institution appointed to manage the settlement funds until the child reaches adulthood. The conservator ensures that the funds are used appropriately, either for medical care, education, or other necessary expenses.

These roles are essential in child injury cases to ensure that any financial settlements are handled appropriately, particularly when the funds will be needed for long-term care.

A Recent Case Involving a Child’s Injury

To illustrate how the process works, let’s take a look at a recent case in Marietta, GA, involving a 7-year-old child who was severely bitten by a dog while playing in a neighbor’s yard. The dog’s owner’s insurance company was held liable for the injury, and the child’s medical bills quickly surpassed $25,000.

The parents filed a lawsuit against the dog owner’s insurance to recover damages for their child’s medical treatment and future care needs. Because the settlement exceeded $25,000, the case went to probate court for approval. After reviewing the case and ensuring that the settlement funds would be used appropriately, the probate judge approved the settlement.

The court arranged for the funds to be placed in a structured settlement that would cover the child’s ongoing therapy, potential future surgeries for scarring, and education costs. The funds were designed to be accessible to the child once they turned 18, ensuring that the child’s future was well taken care of.

This case highlights the importance of legal support in ensuring that a child’s recovery is handled correctly, especially when the settlement amount is substantial. By working with an experienced attorney, parents can ensure that their child’s injury case is properly managed, with an eye toward both immediate and long-term needs.

Why Legal Representation Is Critical in Child Injury Cases

Navigating a personal injury case on behalf of your child can be complicated, especially when dealing with settlements over $25,000 or severe injuries. Having an experienced attorney to guide you through the legal process ensures that the case is handled properly, that all legal requirements are met, and that your child’s best interests are prioritized.

At Kalka Law Group, we represent families in child injury cases. Our team is dedicated to securing fair compensation for your child’s injuries while ensuring that all necessary steps are taken to protect their future. We can help guide you through the process, from filing the lawsuit to ensuring that any settlement is approved by probate court and properly managed.

Get the Legal Help You Need

If your child has been injured in an accident and you’re unsure about your next steps, reach out to our experienced team for a consultation. We will help you understand your rights, navigate the legal process, and ensure that your child’s recovery is handled with the utmost care and professionalism. Reach out today to discuss your case and get clear answers about can a parent sue on behalf of their child.