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My Child Was Injured In A Car Accident On Highway 78. Can I Sue On My Child's Behalf?

Posted by Bartlett Benton | Apr 19, 2020 | 0 Comments

Was Your Child Injured In A Car Accident On Highway 78?  

If so, you may be wondering if you can sue on your child's behalf.  The answer? Yes, you can sue on your child's behalf, and also on your own behalf for the medical bills you had to pay for your child's injuries due to the accident.  

How Long Do I Have To Sue? 

For your claim for the medical bills, you have two years from the date of the accident to sue the at-fault driver.  

For your child's claim, the claim for your child's pain and suffering and any other claim that may be brought is tolled until your child's 18th birthday.  Once your child reaches the age of 18, he/she has two years to bring a lawsuit.  

This does not mean, however, that you cannot bring a claim on behalf of your child in the meantime.  Most parents bring a claim for their medical expenses, and at the same time bring a claim on behalf of the child for the child's pain and suffering.  

What Happens To The Settlement Money For My Child's Claim?

Whether or not a lawsuit has been filed, if the proposed settlement of your child's claim is $15,000.00 or less, you may settle the claim without becoming the conservator of the minor and without court approval.

If no lawsuit is filed, but the proposed settlement is $15,000 or more, then you must get court approval of the settlement.  If a lawsuit is filed, and the proposed settlement is $15,000 or more, then you must get approval of the settlement from the court where the lawsuit was filed.

If the proposed gross settlement of your child's claim is more than $15,000.00, but the gross settlement reduced by:

(1) Attorney's fees, expenses of litigation, and medical expenses which shall be paid from the settlement proceeds; and

(2) The present value of amounts to be received by the minor after reaching the age of majority

is $15,000 or less, you may seek approval of the proposed settlement from the appropriate court without becoming the conservator of the minor.

If the gross amount is over $15,000, however, you will need to be appointed conservator of the minor before you can seek approval of the settlement with the court.  

Need Help With Your Claim For Your Child's Medical Bills Or Your Child's Pain and Suffering Claim?  Contact Bartlett Benton.

If your child was injured in a car accident on Highway 78 in Georgia and you would like a free case evaluation, please call Bartlett at 770-365-6414.

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