Your Child Was Hurt in a Crash. Get Clear Answers First.

Families searching for a child injured in car accident Georgia lawyer want straight answers first. Timing matters in these cases, and a child’s own claim follows a different rule. This page explains who may be responsible, what a claim can cover, and what happens next.

What a Child Passenger Injury Claim Is and Who It Is For

A child passenger injury claim is a claim for a person under 18 who was hurt while riding in a vehicle in a crash. It can involve a car, SUV, pickup or truck. A child who was buckled in can still be hurt by another driver’s negligence.

Parents, grandparents and legal guardians often start this process for a child. Our team helps the family gather the facts the claim needs.

Common crash patterns include:

• Rear-end and intersection impacts
• Lane-change collisions
• Rollovers
• Crashes involving a commercial truck

Common injuries in these crashes include:

• Broken bones
• Head and brain injuries
• Spinal and internal injuries
• Injuries that show their full effects days or weeks later

Keep notes on any new symptoms and every medical visit, even when the injury looked minor at the scene.

Who Can Be Held Responsible When a Child Is Hurt in a Georgia Crash

The at-fault driver is the main party. Others can share responsibility when their conduct helped cause the crash. Who these parties are depends on the facts of the crash.

• The at-fault driver. The driver whose carelessness caused the crash is the starting point.
• Equipment makers. A defective seat, restraint or vehicle part can be part of a claim alongside driver negligence.

Georgia reduces damages in proportion to the injured person’s fault. Under O.C.G.A. § 51-12-33, a plaintiff who is 50 percent or more responsible cannot receive damages. Each at-fault party answers for its own share, not a joint amount (Quynn v. Hulsey).

What a Child’s Claim Can Include: Damages and Sources of Recovery

A child’s claim can cover medical costs, future care and other losses tied to the injury. Medical damages are limited to the reasonable value of medically necessary care. The judge or jury, as the fact-finder, decides that amount (O.C.G.A. § 51-12-1.1).

Costs that may be included:

• Emergency care, ambulance transport and hospital stays
• Surgery, imaging, physician visits and therapy
• Medication and medical equipment
• Future care a doctor documents
• Pain and suffering tied to the injury

If your child has health insurance, the evidence on reasonable value includes both the amounts charged and the amounts the insurance contract requires. This applies even if the insurance was not used. Care given under a letter of protection, a promise to be paid from any recovery, can be reviewed. The letter, itemized charges and any discounted sale of the bills can be requested during the case.

Georgia auto liability policies must include uninsured motorist terms, within limits the insured chooses (O.C.G.A. § 33-7-11). Policy limits shape what money is available.

Deadlines and Why Timing Matters

Georgia generally requires an action for injuries to the person within two years after the right of action accrues (O.C.G.A. § 9-3-33; Cameron v. JMP Pizza, Inc. (2026)).

Because these rules work differently, don’t assume the clock is paused. Waiting can use up time you need.

Early steps that protect a claim:

• Get your child to a doctor promptly and follow the care plan
• Keep every bill, receipt and insurance letter
• Save the car seat, photos and the crash report
• Be careful with recorded statements to insurers, and call us first

How a Child Passenger Claim Works: Step by Step

A claim moves through five steps, from first contact to a filed lawsuit when talks do not resolve it.

1. First contact. Call us or request a free case evaluation. We collect the crash date, the location, the other driver’s insurer and your child’s medical providers.
2. Investigation. We gather the crash report, identify each responsible party and insurer, and request medical records and bills.
3. Medical documentation. We track treatment from diagnosis through recovery, so the claim reflects the injury as it developed.
4. Demand and negotiation. We present the documented claim to insurers and negotiate with them on your behalf.
5. Filing when needed. If talks fail, we file suit before the deadline.

The timeline follows your child’s treatment and whether the claim settles or must be filed.

About T. Madden & Associates, P.C.

The firm has practiced personal injury law since 1999 and is led by attorney Terance Madden. Terance Madden is the responsible lawyer for this page.

• Case types. The firm handles car, truck, motorcycle and e-bike crashes, slip and falls, nursing home abuse, medical malpractice, negligent security and wrongful death cases.
• Offices. The firm has offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon and Augusta.
• Support staff. Our staff keeps records, bills and insurer letters organized, so parents can focus on their child’s recovery.
• Free first consultation. The first consultation is free, confidential, and comes with no obligation to continue. The firm works on a no fee unless we win basis, but you may still be responsible for court costs and case expenses.

Questions Parents Ask About Child Passenger Claims

Short answers to the questions parents ask most often follow.

Talk With a Georgia Car Accident Lawyer About Your Child’s Injury

Talking with a child injured in car accident Georgia lawyer is a practical next step after a crash. If your child was hurt as a passenger, the conversation should cover the crash, the care and the insurance.

Bring these items:

• The crash report
• Medical records and bills
• Insurance cards and letters
• Photos or videos from the scene

If your child was hurt and you want a child injured in car accident Georgia lawyer to review the facts, call T. Madden & Associates, P.C. any time, 24/7, or request a free case evaluation.

Terance Madden is the responsible lawyer for this page.