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Child Injuries

Child Injuries

Amber is heaven sent!! Amber and her team worked very hard on my case!! They checked on me while I had my weekly doctor visits. They were very detailed with my settlement. I didn’t have to second guess anything. I would recommend her to anybody who is in a car accident !! I’ve even referred my love ones who also needed her to represent them in an accident. She made my process as painless as possible. I wish I could give her 10 stars!!

Jeannette A., Client

I was referred to Amber by my daughter-in-law. I was involved in two rear end collisions in a three month period. She did an excellent job keeping me informed and explained everything to me, in a manner that I could understand. She followed through with me until I had my settlements.

Shirley H., Client

Amber Gilormo is a knowledgeable and hard working attorney. I would not hesitate to seek her counsel.

Kristen Pitts, Peer

The staff is awesome; thorough! They kept me informed!

Sanchez T., Client

Great Experience Wonderful Amazingly Service! I would definitely recommend to anyone who’s in need of attorneys 😎 They’re right ppl to go to for sure indeed!!

Client Review

I have had attorneys in the past that does not compare to Attorney Amber Gilormo. She handle all of my concerns and answered all of my questions in a timely manner, I never had to guess what was happening with my case I was always informed and kept to to date.

Client Review

Don’t answer the phone for attorneys who have bought your phone# after an accident — call Attorney Gilormo because you will not be disappointed.

Carla Robinson

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Atlanta Child Injury Lawyer Providing
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Throughout Georgia

As a parent, you do your very best to keep your children safe. Unfortunately, accidents can still happen despite your best intentions.

While some accidents are unavoidable, many are the result of negligence. You could be facing months or years of extensive medical treatment and bills if your child has been seriously injured. The toll on your family – financially and emotionally – can be devastating. At Gilormo Injury Law, we believe people and entities should be held accountable for the damage that occurs as a result of their negligence. Let our Atlanta child injury lawyer help you get the compensation you need to protect your child’s future and help your son or daughter make a full recovery.

 

Our Atlanta Child Injury Lawyer Explain the Legal Process for Georgia Accident Claims 

Often, when a parent’s child has been injured, the parents are understandably angry and determined to punish the defendant at any cost. Still, it’s always best to try and set your emotions aside and focus entirely on what’s best for the injured child moving forward, although this is certainly easier said than done.

The majority of all types of personal injury cases are settled, and for good reasons. Although there is a possibility that you may recover more compensation from a trial verdict than you would in a settlement, remember that claimants start off with a significant advantage over defendants in settlement negotiations, in that the claimant has superior bargaining power due to costs. While the claimant is typically operating under a contingency fee basis, like clients of our Atlanta child injury lawyer team at  Gilormo Injury Law, defendants are typically paying their lawyers on an hourly basis. For the defendant, the longer the process goes on, the more money they are spending.

Other advantages to settlements include significantly less stress, the benefits of predictability regarding the outcome, the advantages of a much quicker end to the ordeal, and the privacy afforded to the parties involved in the settlement.

Child Injury Statistics According to the CDC

As a parent who is struggling to cope with the effects of a child injury, our Georgia child injury lawyer wants you to know that you are not alone. In fact, according to the U.S. Centers for Disease Control and Prevention (CDC), injuries during childhood are extremely common. For example, the CDC reports that “nearly 150 children ages 0 to 19 are treated every hour in U.S. emergency departments for crash-related injuries.” Childhood injuries from other causes are common as well.

Here are some more statistics on child injuries from the CDC:

  • Car crashes, suffocation, drowning, poisoning, fires and falls are among the leading causes of child injuries in the United States.
  • While injury-related deaths among children dropped nearly 30 percent over the last decade, injuries are still the leading cause of death among children.
  • Although injury-related deaths among children have dropped overall, there has been about a 30 percent increase in deaths due to accidental suffocation. Many of these deaths occur while infants are sleeping in their cribs.
  • The United States’ rate of injury-related child deaths is among the worst of all high-income countries, trailing only New Zealand and Mexico.
  • Fortunately, Georgia has one of the lowest rates of injury-related child deaths. Our state’s rate is between 4.0 and 10.9 deaths per 100,000 population.

In addition to car crashes, suffocation, drowning, poisoning, fires and falls, the CDC also warns parents to be cognizant of several other childhood risks as well. This includes risks such as:

  • Bicycle accidents
  • Playground accidents
  • Sports accidents
  • Unsafe child seats
  • Unsafe helmets

Your Atlanta Child Injury Attorney Can Pursue Substantial Compensation

Generally, future expenses are greater according to the amount of time they must be paid, which is longer for children. Also, some courts may be more sympathetic when it comes to the pain and suffering of a child.

In most states, including Georgia, if a child is injured in a vehicle accident that was someone else’s fault, a claim for damages may be made that is similar to those available to adults. There are, however, some key differences.

When a child is injured in a vehicle accident, the child and the child’s parents have separate and independent claims for damages. The child’s claim includes:

  • Medical expenses that will be incurred after the child turns eighteen,
  • Loss of income that would be earned after the child turns eighteen, and
  • The child’s physical and mental pain and suffering. 

The parents’ claim includes all medical and other necessary expenses related to the injury of the child up to age 18, and loss of the child’s services. Georgia law does not recognize a claim for injury to society and companionship in the parent-child relationship.

Important Differences Between Adult and Child Personal Injury Claims in Georgia

We’ve already discussed one of the biggest differences between adult and child personal injury cases—the fact that parents and children have separate and independent claims for damages. However, there are some other key differences of which parents should be aware as well.

Insurance Companies Blaming Children (and Parents) for What Happened

For example, insurance companies are far more likely to blame children (or their parents) for their own injuries. In Georgia, if an accident victim is 50 percent or more at fault for his or her own injuries, then the victim (and the victim’s family) cannot recover any financial compensation. If an accident victim is less than 50 percent at fault, then his or her damages (and in the case of a child injury, the parent’s damages) will be reduced in proportion to his or her percentage of fault. By claiming that a child (or the child’s parent) is responsible for what happened, insurance companies can try to avoid liability. But, with an experienced Georgia child injury attorney representing your family, it will be possible to overcome this defense tactic in many cases.

Liability Waivers for Youth Activities in Georgia

Another issue that is more likely to come up in child injury cases is the issue of waiving liability. Businesses, sports leagues, schools and other entities will often require parents to sign liability waivers in order to allow their children to participate in activities. While Georgia law recognizes the enforceability of these waivers in some cases, some waivers will be deemed void in violation of public policy, and many waivers are not written well enough to fully shield these entities from liability.

Don’t Wait Too Long to Contact an Atlanta Child Injury Lawyer

The time deadline by which you must file a lawsuit is called the “statute of limitations.” For example, if the personal injury statute of limitations is two years, then a claimant has two years from the date of the injury to file a legal claim for that injury. Otherwise, the claimant loses the right to file a claim. 

In Georgia, the statute of limitations for personal injury claims is indeed typically two years, but for child injuries, the two-year statute of limitations is suspended, or “tolled,” until the child’s eighteenth birthday, meaning the deadline doesn’t begin to count down until that date. Therefore, legal claims for injuries to a minor may generally be filed at any time up to the minor’s twentieth birthday.

If you are a parent whose child was injured in any way, it’s best to contact an Atlanta child injury lawyer at Gilormo Injury Law as soon as possible so that the statute of limitations does not even become a troublesome issue.

Common Personal Injury Cases Involving Injuries to Children

As a parent you understand that it takes only seconds for a child to find danger in even the most familiar of situations, playing with the simplest of products, in a place you believe to be safe. Schools, playgrounds, daycare facilities, hospitals, even our neighbors’ homes are natural places for our children, where we don’t expect harm. 

But that’s the nature of an accident – they happen when you least expect. It could be that a school bus hits a telephone pole, or your child chases his favorite ball into the street, or a construction site at the end of your block with an unfenced pool. You may notice bruises while changing a diaper, or get a phone call from your caretaker that there’s an emergency – your daughter has swallowed a pen cap. Each of these accidents involving young children have the potential for a personal injury lawsuit.

Atlanta child injury lawyer Amber Gilormo has been practicing personal injury law, helping families of injured children, for over a decade. We understand the top risks for young children and know who to hold accountable when a serious injury happens.

Birth Injuries

Birth injuries are sustained as a result of physical pressure on the child during the birthing process or oxygen deprivation and can result in serious life-altering conditions like Cerebral Palsy.

Daycare Negligence in Atlanta

Accidents during pick up and drop off transportation, choking, and burns are common accidents that happen at daycare facilities throughout Atlanta.

Atlanta Child Injury Lawyer for School Accidents

Similar to daycares, both public and private schools have an obligation to keep your child safe. While many schools take safety very seriously, bus accidents, slips, trips and falls and abuse can still occur.

Georgia and Atlanta Playground Accidents

Playground owners have a legal obligation to ensure that it is safe for children to play on. Serious accidents can occur when owners fail to maintain or repair their playgrounds or warn people of their inherent dangers.

Defective Toys & Products for Children

Defective household products and toys pose a risk for choking, as well as burn and crush injuries. If a product failed to work as intended and created a dangerous situation, you may have a product liability lawsuit.

Injuries on Someone Else’s Property

Accidents on someone else’s property require input from an Atlanta child injury lawyer to determine if the injury is a result of an “attractive nuisance” on the premises.

Our Atlanta Child Injury Lawyer Answers Your Lawsuit FAQs

When your son or daughter is recovering from an accident your greatest concern is their physical health and their mental well-being. A personal injury lawsuit for injuries sustained by a young child doesn’t have to add to the burden of your son or daughter. Our attorneys work to make filing a claim as low stress as possible for you and your family, especially your child.

  How can I afford an Atlanta child injury lawyer? Read More

At Gilormo Injury Law, this is not a concern. We offer a free consultation for the purpose of evaluating your claim, and we work on a “contingency fee basis,” which means you owe or pay nothing until you recover compensation in the form of a settlement or a trial verdict.

  Will a lawsuit interfere with my child’s life, emotional well-being or recovery? Read More

No, you as the parent or legal guardian will have the lead responsibilities. As your Atlanta child injury lawyer it is our goal to limit your child’s involvement and ensure recovery is the main priority. It may be necessary for your child to be involved at certain milestones, but his or her overall exposure is reduced as much as possible.

  Will my child have to testify or appear in court? Read More

Many personal injury lawsuits settle and don’t need to go to court. If your case settles, there is no need for a courtroom. Should litigation be necessary, know that child victims are protected during the litigation process and each member of the court respects the need for extra care and concern for cases involving young children.

  Do I have rights as a divorced parent? Read More

Yes, bringing a child injury claim as divorced or separated parents of the child is possible. Depending on living arrangements, legal marital status, and relationship of the separated parents, there are various rules for how the injury or wrongful death claim can be filed. These matters can be complex, which is why it is best to consult with Atlanta child injury attorneys.

  What if an accident happened to my child because my spouse or I made a mistake? Read More

Everyone makes mistakes, including parents, particularly regarding firstborn children. In the vast majority of cases, the mistakes are small, relatively harmless, the parent learns a lesson, and life goes on. 

Nonetheless, in Georgia, parents and caregivers have a legal duty to properly supervise children under their care. Negligent supervision of children may become a legal issue when a child hurts him or herself or when a child causes harm to someone else because no adult was supervising them. In these cases, the responsible adult can be held liable. Furthermore, in Georgia, the Division of Family and Children Services may investigate reports of child abuse, particularly if the parent’s mistake is particularly grievous or often repeated.

  My child nearly drowned in someone else’s pool. Do I have a claim? Read More

The keyword here is the word “nearly.” In any type of civil lawsuit, the claimant must have suffered some type of damages. In a personal injury claim, the claimant must have suffered some type of injury resulting in monetary damages. Therefore, unless the child requires medical attention resulting in medical bills and other related costs, there is simply nothing to sue for.

Two possible exceptions may be claims for Negligent Infliction of Emotional Distress (NIED) or Intentional Infliction of Emotional Distress (IIED), which are claims recognized by courts in Georgia. However, these types of cases are exceptionally hard to prove. If you feel you or your child have been severely emotionally damaged, your best bet is to contact an Atlanta child injury attorney at Gilormo Injury Law for a free consultation.

  What if my child had a near-death experience while under the supervision of another adult? Read More

Again, this issue revolves around a particular word. The keyword here is “near.” As discussed above, there must be some type of damage in the form of a physical injury or possibly emotional injury in the form of severe distress. And again, it’s best to contact a Gilormo Injury Law for a free consultation.

Related Case Results

$1,000,000

Daycare Negligence

A 16-month-old child sustained second and third-degree burns while at a daycare facility in Hall County, Georgia. A jury found the childcare worker guilty on numerous charges, including child cruelty.

Speak with an Atlanta Child Injury Lawyer at Gilormo Injury Law Today

If your child has been injured due to someone else’s negligence, you may be entitled to compensation. Atlanta child injury lawyer Amber Gilormo can help you successfully pursue a claim so that your child can make a full recovery. From birth injuries to accidents at daycare or school, Amber has the knowledge, skill, and experience you need. We help clients throughout Greater Atlanta, including  Alpharetta, and Cumming. 

Call us at 770-343-7101 or contact us online to schedule a free and confidential consultation to discuss your case and how we can help.

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