Bringing forth Claims for Children's Injuries
Children are our greatest assets. They carry on our hopes, dreams and aspirations. The death or serious injury of a child is an event that impacts not only the present and future life of the child, but also the lives of those who care for him or her.
We understand the need to determine the responsible party and hold that party accountable for your child's loss as well as your own. Under Georgia law, two separate and distinct claims exist when a child is injured:
First, The child's claim for physical and mental pain and suffering, and future medical expenses and income loss that will occur after the child turns 18. Second, the parents' claim for all medical and other necessary expenses related to the injury of the child up to age 18, and loss of the child's services.Additionally, the wrongful death of a child vests a cause of action jointly in the parents of the deceased as long as the child was not married or otherwise legally emancipated. It is extremely important to seek professional counsel familiar with the particulars of handling an injury to a child. Ths brief summary of children's claims in no way is a substitute for legal advice and you should always seek the advice of an attorney in evaluatiing and identifying all possible claims that may arise from an injury to a child.
Resolving a Child's Injury Claim
Often, an attorney who deals primarily with adult personal injuries will not be aware of structured settlements and any probate issues involved with handling a child's claim. Often times, a child's injury case that is settled, either in litigation or pre-lawsuit, will involve the creation of a "structured settlement." A structured settlement is used when a settlement is reached with an at-fault party but instead of transferring the compensation to the child at the time of settlement, a structured settlement is established wherein an annuity is purchased through a top-rated investment/insurance company that will pay out benefits (money) to the child at particular times in the future. For instance, a structured settlement might pay out certain yearly payments between age 18 and 22 for use as a college fund with a lump sum at age 28 which can be used as a down payment for a house.
The possibilities for structured settlements are endless. It is important to choose a law firm handling your child's injury claim to posesss the knowledge and experience in establishing structured settlements and the particular claim that is being made on your child's behalf. As a law firm handling a significant amount of Georgia dog bites, our attorneys handle several structured settlements each year. Furthermore, Bryan Brunson, Esq., an attorney with Panessa & Associates, LLC, is a graduate of the Georgia Institute Technology School of Management and a former financial analyst with Elkat, Ltd., a Nokia joint venture located in Moscow, Russia, and assists in analyzing various structure options for the structured settlements established through this law firm.
It is important to get the parents involved early in a case. While we can never guarantee an outcome, every effort is made to advise the parents of an injured child early as to what we believe are possible present value settlements and what those present value settlements can possibly provide in future payouts. Often, these are six, sometimes, seven figure decisions that must be made for your child. Every attempt is made by this law firm to guide parents through the process from an early stage so there is time to absorb an enormous amount of complicated financial information so that the best choice can be made for your child over the course of the representation--not a hurried rush at the end so the attorney handling the case can collect his fee.
When a Georgia child is injured through the negligence of someone else and a settlement is reached, a child's settlement must also be approved by the probate court. The process that ensues can be comlicated as several parties are involved: the child, the parents, the Probate Court, the Probate Judge, the trial court judge if litigation is pending, the at-fault party, their insurance company, a brokerage firm that originates any "structured settlement", and anyone responsible for ultimately paying a structured settlement. Involving this many parties into a decision making process where everyone must ultimately agree can be difficult anytime--especially when many of these individuals are attorneys. It is extremely important to choose an attorney who can naviagate the probate process when addressing a child's injury claim.
If you have any questions or concerns, please contact us. You may use ourinteractive contact form, send us an email, or call us at 404.521.3455.
Attorney Representation in Atlanta Since 2000
730 Peachtree Street
Suite 875
Atlanta, Georgia 30308
The law office of Panessa & Associates, LLC represents clients located throughout the state of Georgia, including the communities of Atlanta, Sandy Springs, Smyrna, East Point, Marietta, Sandy Point, Duluth, Fairburn, Decatur, Jonesboro, Athens, Macon, Canton, Lawrenceville, Wilburn, union City, Roswell, Warner Robins, Gainesville, Fulton County, Douglas County, Clayton County, and Fayette County.