Frequently Asked Questions

Consult an Attorney in Atlanta about Your Child Injury Claim

If you need to speak to an attorney about a claim involving child injury, and whether child testimony might be required, call Law Office of Jason R. Schultz in Atlanta for a free consultation. We can help with every step of the claim process. Contact us at 404-474-0804 to speak to one of our team members today.

Getting Help if You Notice Signs of Daycare Abuse

Your child has a right to safety and wellbeing. You expect that your child’s physical, emotional, educational, social, and developmental needs will be met when in daycare. It’s a horrible shame and a sickening experience for parents when they notice signs of daycare abuse.

If you suspect your child has been abused, contact the local child protective services to report it. You may also wish to contact an attorney to discuss any legal avenues you may have available.

For legal help in Peachtree city, call attorney Jason Schultz. Contact us today for a free consult at 404-474-0804.

Importance of Seeking Legal Counsel after an Incident at School

These types of cases involve complicated issues and laws. Of course, liability might also apply to the parents of the other child. But it’s important to consider the role school played. An attorney can help determine if its negligence was a contributing factor.

In order for anyone to qualify for compensation, the injury has to be of a serious nature. Should a child attack another while at school and it’s deemed deliberate, it would likely entitle the parents to file a claim.

Serious physical harm may be the result of bullying, an altercation or other circumstances. It’s important to understand your legal rights. Talk to Jason R. Schultz in Peachtree City if your child suffered serious injuries at school and you wish to explore your legal options to recover compensation. Contact us at 404-474-0804.

Contact an Attorney if a Child Was Injured While under a Babysitter’s Care

The U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention concedes in an article, “Crimes Against Children by Babysitters,” that crimes of negligence often go unreported to police. If parents suspect negligence occurs, without obvious injury, then they tend to simply terminate a babysitter’s employment.

Thus, proving negligence in a babysitting claim can be complicated. Seek legal advice in Atlanta if your child’s serious injuries occurred while under the care of a babysitter for both your family’s and future families’ safety. An attorney can determine if there is a viable case and help establish liability. Call Jason R. Schultz at 404-474-0804.

Factors Relevant to a Claim Related to Food Poisoning Injuries

Food poisoning in a school cafeteria may not be a regular occurrence but it does happen. When it does, there can certainly be unpleasant side effects. This in itself generally doesn’t warrant filing a claim. However, if it caused a child to suffer serious or fatal injuries, then it might.

The claim must prove negligence. Although improper preparation and storage of food could lead to school cafeteria workers held responsible for the food poisoning, there are other scenarios in which food poisoning could occur. For instance, it may be that the food arrived at the cafeteria tainted. In this case the manufacturer who makes and packages the food could be liable.

Since the cause of food poisoning may not be readily evident and considering the complex laws that can impact filing a claim against a school district, seeking legal counsel is important. Call Jason R. Schultz for legal assistance: (404) 474-0804.

Another myth is that dealing with bullying can make a kid tough or prepare them for the real world. But it may have negative psychological effects on some children that can be detrimental over the long-term.

Finally, some believe that the kids should work it out on their own. By failing to get school officials or parents involved, it is likely to continue and may even worsen in some cases.

Seeking Help from a Personal Injury Attorney in Peachtree City

If your child was seriously injured as a result of bullying, an attorney at the Law Offices of Jason Schultz in Peachtree City can provide consultation. We can go over the case of school bullying or abuse, and who may be liable for damages.

Consulting with your Fayette County injury attorney is the best step because the insurance company will require attention. They may need some simple documentation or they may do something extreme, like pull their offer, if there was one. 

Your attorney can advise you of how to deal with the insurance company. Your next steps will depend on what stage the personal injury case was left at. It may be easier if it was close to settlement. If the case was still in preliminary stages, you will need to decide if you want to continue to pursue it.

Long-term consequences include loss of mental abilities, kidney damage, coma and stunted growth. The earliest symptoms are abdominal cramps, vomiting, seizures, possibly loss of consciousness and muscle weakness. In the event of these signs developing, poison control or 911 should be called immediately. The sooner your child can be treated for this serious condition the lower the risk of long-term damage.

After you have gotten your child the medical attention they need and have removed the lead contaminates from the area, it is time to consider your next move. Lead poisoning can cause lifelong disabilities and damages that could mean increased financial needs in the future. As a parent, you have the right to compensation from the negligent party responsible for exposing your child to toxic levels of lead. To seek compensation for the damages and losses your child and family have suffered from another’s failure to prevent lead exposure, you should work with an attorney. 

An Atlanta Child Injury Attorney Can Protect Your Family’s Rights 

An injury to your child due to another’s negligence is a situation no parent ever wants to face. Fortunately, you have the right to have an injury attorney help your family seek justice when your little one is harmed by someone else’s actions.

Proving a Breach of Duty of Care in Daycare Liability Cases

To build a child injury claim, parents should explain the following to their personal injury lawyer:  

• Was the child injury a result of insufficient supervision by the daycare workers or babysitter? If so, the daycare may be liable for negligence related to the employees’ actions.
• Could the child injury have been prevented? For example, a child falling from playground equipment could likely have been prevented with proper supervision. 

Your claim must also consider “causation” and “proximate cause.” Proving causation is proving that the daycare’s negligence caused the child injury. Proving proximate cause is proving that no unforeseeable intervening events caused the child injury. 

Before filing a claim with the daycare facility’s insurance carrier, consult a lawyer to ensure that you fully understand liability laws and that your child’s rights are addressed. 

When do parents not have the right to bring a claim for the wrongful death of a child?

The deceased child’s parents cannot bring a claim if:

• The child had a spouse
• The child had a child

Also, the court can bar parents from pursuing a claim for wrongful death if they abandoned or failed to support the child.

Must both parents agree on bringing a claim for the wrongful death of a child?

No. If one parent refuses to bring a wrongful death claim, the other parent can still go forward with the action. The results will be binding on the parent who declined to participate.

How do the courts distribute the proceeds of a wrongful death claim between parents?

The general rule is that surviving parents will share the proceeds of the wrongful death claim equally, but this can change based on the circumstances. One parent can file a motion with the court for an unequal distribution of the proceeds.

After the conclusion of the wrongful death action, the judge will hold a separate hearing to determine what percentage of the recovery will go to each parent. The judge will decide what is fair, in light of these factors:

• The relationship each parent had with the deceased child,
• Each parent’s involvement in the permanent custody, control, and support of the deceased child, and
• Any other relevant factors

What happens if one parent is absent?

If one parent is absent, the court will allow the present parent to file a claim for the wrongful death of the child.

The court will set aside half of the recovery for the absent parent. After two years, the court can give the absent parent’s portion to the present parent.

Note: It is completely irrelevant whether the deceased child was born in or out of wedlock.

How do courts determine the damages in a claim for the wrongful death of a child?

Regardless of the age of the person who died, the damages for wrongful death in Georgia are equal to the “full value of the life of the decedent.”

Georgia courts interpret this as the total amount of money a person would have earned during an expected lifetime and the value of relationships and companionship. There is no deduction for the living expenses the deceased person would have incurred.

Call Jason R. Schultz for help with your wrongful death claim.

The wrongful death of a child is a tragedy. At the Law Office of Jason R. Schultz, P.C., we will treat you and your family with dignity, respect, and compassion as we work to recover all the compensation you deserve. Call us today at 404-474-0804 to set up your free consultation.