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Common Childhood Injuries in Myrtle Beach
Some of the most common kinds of accidents that cause child injuries include:
Every accident has unique elements. Most accidents and personal injury lawsuits may involve only one liable party. But there can be cases in which multiple parties could be named as defendants.
The first thing a parent should do after their child has been involved in any kind of accident is to make sure the child receives medical attention. Even if a child says he or she was not hurt, it is important to be examined by a doctor, as some injuries can involve delayed symptoms.
When possible, take photos of everything that was involved in your child’s accident. If anybody saw the incident, get their names and phone numbers. Having seen the accident, the witness may have important information to share.
Make sure that you do not say anything to any insurance company without seeking the guidance of an attorney.
Differences in Law for South Carolina Child Injury Cases
When an injury victim is a child, several important differences can come into play. The first significant difference concerns the length of time allowed to file a case, which is known as the statute of limitations.
South Carolina Code § 15-3-530 establishes that personal injury claims must be filed within three years. However, the time limit may be extended when the person injured is a minor. In such cases, a minor has until three years after the date of their 18th birthday.
A parent can file a claim on a child’s behalf, but they cannot recover damages for the child’s pain and suffering. You will want to speak to a lawyer to determine the most advantageous time to file your case.
Another significant difference concerns the element of contributory negligence, a common defense in personal injury lawsuits. South Carolina uses what is commonly referred to as the “Rule of Sevens” when evaluating a child’s negligence.
Under this rule:
- A child under seven years of age is incapable of negligence
- A child between seven years of age and 14 years of age is presumed innocent, but the presumption is rebuttable with evidence
- A child 14 years of age or older is capable of negligence