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Can You File a Lawsuit on Behalf of Your Minor Child in North Carolina?

File a Lawsuit

Ask any parent and they’d agree that they would rather something happen to them than to their children. We would rather suffer any amount of pain if it means our child doesn’t have to feel that pain. So, when something happens and our child is injured, we are angry. We want the person responsible for their injuries to pay. As much as we want to exact personal justice on them, we realize that this will only cause more problems. That’s precisely why we call an experienced personal injury lawyer in North Carolina instead, to help file a lawsuit.

Children aren’t really able to file a lawsuit on their own. The courts understand that children simply aren’t capable of handling something like this. But that doesn’t mean you can’t file a suit on their behalf. For example, if your child is hit by a car while playing kickball, you’ll want to pursue the driver. The same is true if your child suffers a burn injury while at their daycare. You’ll want to go after the employee and the owner of the daycare. Not only do you want the person held responsible, but you also want them to pay damages.

What Type of Damages Could You Recover if You File a Lawsuit?

Your child may suffer a variety of damages. You shouldn’t be left holding the bag. Here are some of the types of damages you may be able to recover:

  • Medical bills – if your child suffers physical injuries, they’ll need to go to the hospital. They’ll end up with bills for the emergency room visit and the ambulance ride. This means that you’ll be liable for these bills. The same is true for any co-pays or prescription costs. The defendant should be held accountable for these.
  • Lost Wages – If you or your spouse have to stay at home from work in order to watch your injured child, you can demand damages. Perhaps your child is involved in a car accident. They end up in a wheelchair, either termporarily or permanently. This means you’ll need to stay home to take care of them. You can’t be expected to return to work as long as they need you. Your Georgia personal injury lawyer will demand that you be compensated for your lost wages and lost future income.
  • Property Damage – It may not sound likely, but your child could suffer property damage. Perhaps your teenager is riding her $1,500 bike when she is hit by a car. Chances are, the bike will be destroyed. The same is true if your 16-year old son is riding his dirt bike and it’s destroyed in the accident. You can demand compensation for property damage on their behalf.
  • Pain and Suffering – You can demand pain and suffering on behalf of your child. This is for the suffering your child experiences – not you and your spouse. This may make up the lion’s share of your child’s lawsuit.

Your Georgia personal injury attorney will demand all the damages your child is entitled to. Just remember – this is for your child, it is not for you. You will have to demonstrate that the damages are related to your minor child’s injuries, and that they were caused by negligence.

Your Georgia Injury Lawyer Still Has to Prove Fault

If you hire a personal injury law firm in Georgia to handle your child’s case, they still need to prove fault. If they were hurt in a car accident, you’ll need to show the other driver was negligent. The same is true if they’re hurt while at their daycare. Negligence requires that your attorney demonstrate the following four (4) things:

  • The defendant owed your child a duty of care – if they were injured at a daycare, this won’t be difficult. A daycare employee and owner are required to protect your children and keep them safe. If they do something that a reasonable childcare worker would not do, they can be found negligent.
  • They breached this duty – You must show that they did something out of the ordinary. In some way, they didn’t honor the duty they owed your child.
  • Your child was injured – It’s not enough that your child was involved in an accident. You need to prove that they were hurt. The best way to do this is with medical records.
  • Their injuries were caused by a breach – You do have to show that your child’s injuries were caused by the defendant’s breach.

If your child is hurt in any sort of accident, contact our office. Let an experienced personal injury lawyer help get your child the compensation they deserve.

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