Child Injury FAQs

Yes — though pursuing compensation in a hit-and-run case requires a specialized approach. If the at-fault driver cannot be identified, your own Uninsured Motorist (UM) coverage under O.C.G.A. § 33-7-11 may cover your child’s wrongful death damages. Georgia’s UM statute provides important protections for victims of hit-and-run accidents. Haug Barron Law Group will work with law enforcement, private investigators, and surveillance sources to attempt to identify the responsible driver while simultaneously pursuing all available insurance remedies for your family.

Yes. In cases involving a DUI driver, Georgia law permits the jury to award punitive damages (O.C.G.A. § 51-12-5.1) in addition to all compensatory damages. Punitive damages are intended to punish the wrongdoer and deter similar conduct, and they can substantially increase the total recovery for your family. Additionally, if a licensed establishment served alcohol to the driver before the crash, a dram shop claim under O.C.G.A. § 51-1-40 may provide access to additional insurance coverage. Haug Barron Law Group will aggressively pursue every available avenue of recovery.

Absolutely. A child passenger who is injured due to the negligence of the driver of the vehicle they are riding in has the same right to compensation as any other crash victim. The driver, their insurance carrier, and — in some cases — the vehicle owner may all be liable. The fact that the driver may be a parent, relative, or friend does not eliminate the legal claim. Haug Barron Law Group will carefully evaluate all available insurance coverage to pursue the maximum compensation for your child.

Yes. While this is emotionally difficult, a claim against a family member’s automobile insurance policy is legally permissible and often the only way to secure compensation for your child’s medical care and future needs. It is important to understand that, in most cases, you are pursuing a claim against the insurance company — not against the family member personally. Haug Barron Law Group handles these sensitive situations with discretion and professionalism.

Georgia requires all drivers to carry minimum liability insurance, but many drivers carry only minimum limits — or no insurance at all. If the at-fault driver is uninsured or underinsured, your own auto insurance policy’s Uninsured/Underinsured Motorist (UM/UIM) coverage may be available to compensate your child for their injuries (O.C.G.A. § 33-7-11). Georgia is a UM/UIM state with strong policyholder protections. Haug Barron Law Group will analyze every available insurance policy — including the at-fault driver’s coverage, your own UM/UIM coverage, and any applicable umbrella policies — to maximize your recovery.

Under O.C.G.A. § 51-12-33(c), juries must consider the fault of all persons who contributed to an injury, whether or not they are named defendants. Fault assigned to non-parties reduces the defendants’ proportional liability but does not create liability for those non-parties. Defendants use this strategically to reduce their exposure.

Yes. Georgia courts and juries can allocate a percentage of fault to a child plaintiff depending on the child’s age and capacity to appreciate the risk of their conduct. Very young children are generally held to a lower standard of care. In Dingess v. Hasan, the jury assigned 10% fault to the child, which reduced—but did not eliminate—the defendants’ liability.

Under O.C.G.A. § 9-3-33, the general two-year statute of limitations for personal injury claims in Georgia applies. However, for minors, the statute of limitations is typically tolled (paused) until the child turns 18, giving them until their 20th birthday to file in their own name. Parents bringing claims on a child’s behalf should still act promptly to preserve evidence and legal rights.