Child Accident Lawyer Atlanta

When a child is injured due to someone else’s negligence, the impact can be devastating. At Lampariello Law, we are committed to protecting the rights of injured children and their families throughout Atlanta. Our child accident lawyer understands the emotional and financial toll these injuries bring and works diligently to seek justice and fair compensation. Whether the injury occurred at school, daycare, or in a public place, we’re here to help. Call Lampariello Law today at 404-609-0597 for a free consultation and let an experienced child accident lawyer advocate for your family.

What Makes Child Injury Claims Different from Adult Claims

When a child is hurt through someone else’s carelessness, the legal process that follows looks familiar on the surface. There is still a claim for negligence, medical bills still pile up, and insurers still try to pay as little as possible. Yet important differences set child injury cases apart from claims involving adults. If you are a parent in Georgia, it helps to understand these differences before negotiations begin or papers are filed in court. 

A Longer Clock on Filing

Georgia’s standard time limit for filing most personal-injury lawsuits is two years from the date of injury. For minors, the clock is paused until their 18th birthday. This rule—called “tolling”—recognizes that children cannot act on their own behalf. It seems generous, but waiting can backfire. Physical evidence disappears, witnesses move, and memories fade. Parents often open a claim soon after the accident to secure evidence while it is fresh, then rely on the extended statute only if the child’s long-term medical picture is still unclear when the two-year mark arrives.

Who Has the Right to Sue

An injured adult files directly. A child cannot. Instead, Georgia allows one or both parents—or a legally appointed guardian—to act as “next friend” for the minor. That representative signs documents, testifies if needed, and negotiates with insurers. If parents disagree over strategy or have a conflict of interest (for example, if a parent’s own driving mistake contributed to the crash), the court can appoint a guardian ad litem to look out solely for the child’s best interests.

Court Oversight of Settlements

When an adult accepts a settlement, the check is cut and the case is over. For minors, Georgia judges must approve any settlement above $15,000. The court reviews the amount, attorney’s fees, medical liens, and the plan for safeguarding the money until the child turns 18. Often the funds go into a structured annuity or a blocked account the parents cannot touch without court permission. This extra layer of oversight protects the child from poor financial decisions and prevents others from dipping into the award.

Calculating Future Losses

Adults typically claim lost wages based on current earnings. Children have no salary history, so projecting economic damages is more complex. Experts may analyze the child’s health, school performance, and expected educational path to estimate future earning capacity. If a traumatic brain injury limits the child’s ability to work later in life, that reduced capacity becomes part of the damage calculation today. Courts also recognize that children may need lifelong medical care, therapy, or adaptive equipment—costs that must be projected decades into the future.

Pain, Suffering, and Emotional Impact

Georgia allows compensation for non-economic harms such as pain, humiliation, and loss of enjoyment of life. With children, those losses can be profound. An injury that keeps a child from running, playing sports, or interacting with friends affects formative years in ways adult injuries do not. Juries often empathize with a child’s disrupted development and award higher non-economic damages, but they still need clear evidence. Counselors, teachers, and pediatric specialists may be called to explain how the injury changes social development or educational progress.

A Different Standard of Care

Negligence hinges on what a “reasonable person” would have done. Georgia courts adjust that standard for children. Younger kids are not expected to judge danger the way adults do. If a case includes comparative negligence—where the defense argues the injured person shares some fault—the child’s conduct is measured against what was reasonable for a child of similar age, intelligence, and experience. This distinction often reduces or eliminates arguments that a young victim was careless.

Unique Types of Liability

Some injury scenarios appear more often in child claims:

• School and daycare incidents: Georgia imposes specific duties on facilities that supervise minors. Failure to maintain safe premises or provide adequate staff can trigger corporate liability.

• Attractive nuisance: Property owners may owe a duty to keep hazards—such as swimming pools or abandoned structures—secure from curious children.

• Defective toys and products: Safety standards for children’s goods are strict. Manufacturers who ignore them face product-liability exposure.

• Medical errors in NICU or pediatric care: These cases combine malpractice rules with the complexities of minor claims.

Because responsibility may lie with schools, municipalities, or corporate manufacturers, child injury cases often require digging into specialized safety regulations and insurance layers.

Medical Decision-Making Challenges

Children cannot consent to treatment. Parents make medical choices, yet doctors must still document the child’s injuries thoroughly. Complete records become critical for proving future needs. If a long rehabilitation or multiple surgeries are expected, an attorney may coordinate with pediatric specialists to create a detailed life-care plan that places a dollar figure on decades of therapy, medication, and equipment.

Emotional Toll on Families

Litigation is stressful for any accident victim. When the plaintiff is a child, parents must juggle medical appointments, school issues, and emotional support even as they manage legal deadlines. Skilled counsel can shoulder the administrative burden—ordering medical records, responding to insurance adjusters, filing court motions—so the family can focus on recovery.

Practical Tips for Parents in Georgia

• Seek medical help immediately and follow up with specialists. Early documentation shapes the case and the child’s health.

• Save everything: medical bills, prescriptions, therapy notes, accident photos, damaged clothing—anything that helps reconstruct the event and its aftermath.

• Avoid quick settlements. Insurers may offer a low figure before long-term costs are known. Once approved by a judge, changing a settlement is nearly impossible.

• Keep communication off social media. Posts can be misinterpreted and used to undermine claims about pain or limitations.

• Consult an attorney early. Even though the statute of limitations is tolled, evidence fades. A lawyer can start preserving witness statements and surveillance footage right away.

Child injury claims carry higher stakes and stricter safeguards than adult cases. Georgia’s legal framework aims to protect minors at every step—from paused filing deadlines to mandatory court approval of settlements. Understanding these differences helps parents advocate effectively for their children. Partnering with an attorney experienced in pediatric injury law ensures that medical needs are met, future losses are accurately projected, and settlement funds remain secure until the child is ready to manage them.

Compassionate Support from a Child Accident Attorney

When your child is hurt because of someone else’s carelessness, you need legal guidance you can trust. Lampariello Law offers compassionate, knowledgeable representation for families across Atlanta. Our child accident attorney is committed to holding negligent parties accountable and securing justice for your child’s future. We understand how sensitive these cases are and work with care and dedication every step of the way. Let us help you seek the compensation and peace of mind you deserve. Call Lampariello Law at 404-609-0597 today for a free consultation with an experienced child accident attorney.