When you become a parent, nothing is more important than protecting your children from harm. That’s why finding out your child suffered injuries in an accident is so gut-wrenching. Parents tend to blame themselves for the incident, even when they could have done nothing to prevent it.
South Carolina law gives families the right to pursue compensation when a child’s injury is due to someone else’s reckless or negligent actions. Get help from an experienced child injury attorney at Joye Law Firm right away.
Our South Carolina personal injury lawyers aggressively fight to protect the rights of one of our most vulnerable community members ― children. Whether your child suffered injuries from a car accident, dog bite, or another event, our legal team will pursue the justice and compensation you and your family deserve. Call or contact us today for a free case review.
Common Types of Childhood Accidents
As every parent knows, accidents are an inevitable part of childhood. Children are naturally curious. But even the most cautious parent cannot anticipate when another party’s carelessness will impact their lives.
In their darkest hours, parents can benefit from legal advice from a children’s injury attorney. Child injury cases are often the result of:
- Automobile accidents
- Daycare accidents
- School accidents
- Camp injuries
- Amusement park accidents
- Animal bites
- Defective products
- Drownings or near-drownings in swimming pools, bathtubs, and water parks
- Being hit, stuck, or crushed by falling objects, like furniture
- Sports accidents
Most Common Child Injuries
Everyday childhood accidents may lead to bumps, bruises, or minor sprains. These incidents can typically be easily resolved easily and quickly forgotten. However, more serious injuries and trauma may require the legal guidance of a skilled personal injury lawyer. With experience handling legal cases involving a negligent injury to a child.
Every case is unique, with a different set of facts and circumstances. Some of the most common child injuries that lead to personal injury claims include:
- Traumatic brain injury (TBI)
- Whiplash and other neck injuries
- Facial injuries
- Head injuries
- Eye injuries
- Deep cuts and lacerations
- Broken bones
- Spinal cord injuries
- Internal injuries
Minor childhood injuries can typically be treated at home, especially if a first aid kit is handy. However, moderate to severe injuries need to be assessed by medical professionals.
Keep in mind that children do not have the same response to injuries that adults do. They may be too young to understand or communicate whether they feel the typical results of a minor injury or more severe symptoms. If you feel unsure about whether your child is seriously hurt, don’t wait. See a doctor or visit an emergency room right away.
Who’s Liable for Injuries to a Child in Summerville, SC?
The question of liability following a significant accident involving a child can be hard to answer. Several different individuals or entities may bear responsibility for the child’s injuries.
For example, if a child is hurt in a car accident, the at-fault driver may be held accountable. If a child drowns in a swimming pool, liability might rest with multiple parties, such as inattentive employees or the manufacturers of defective pool equipment. It all depends on the specific facts of the case.
Potential defendants in a child injury case include:
- Negligent driver(s)
- Product manufacturer
- Medical professionals or a medical facility
- Property owners or managers
- Pet owners
- School officials
- Youth leaders or counselors
- City or municipal governments
Although you do your best to keep your child safe, you can’t always be with them. Sometimes you must entrust their care and safety to others. When these people or institutions fail, you deserve to hold them accountable for their recklessness. Talking about your situation with a child injury lawyer is the best way to determine your legal options.
What If a Child Was Injured at School?
Children spend a large portion of their time at school. Schools and staff members must take every reasonable precaution to prevent students from getting hurt. School-related accidents often involve bus collisions, playground accidents, falls, and negligent supervision.
Since public schools are government entities, they are largely immune from lawsuits except in specific cases where they fail to keep a child safe. The deadline to file a personal injury claim against the government is much shorter than in other types of injury cases. If your child was seriously hurt at school, contact a qualified child injury lawyer immediately to discuss your legal rights.
What If a Child was Injured at Daycare?
Daycares do not always have the same level of legal protection that schools do. However, many child care providers require that parents sign a waiver absolving them of responsibility in case of accidental injury to a child. But that doesn’t mean you can’t hold a daycare liable in instances of negligence or misconduct.
Getting to the heart of who is at fault for causing an accident can be challenging. A thorough investigation is sometimes the only way to find who is responsible and uncover the evidence to hold them accountable. An experienced personal injury lawyer can be instrumental in helping you track down the negligent party and pursue the compensation your child deserves.
How to Prove Negligence in a Child Injury Case
The key to any child injury case is the ability to prove that an individual acted negligently and that their actions (or failure to act) led to an injury.
Negligence is established by proving four factors were at play:
- Duty of care: You must show that the party responsible for the accident knew that they had a duty to prevent the child from harm. For example, a driver has a duty to slow down in a school zone to avoid hitting children.
- Breach: Compelling evidence must show the at-fault party failed to act responsibly. A driver who speeds through a school zone and strikes a child breaches their duty to drive responsibly.
- Causation: You must demonstrate the responsible party’s breach caused the accident and injury to happen.
- Damages: The final step in proving negligence is showing the injury caused harm or damage to the child that can be remedied through monetary compensation.
Whether it is for an insurance claim or a personal injury lawsuit, a skilled attorney can investigate the circumstances of your child’s accident and gather the documentation needed to present a solid and convincing claim for compensation.
Compensation Available in SC Child Injury Claims
Recovering compensation for an injured child following an accident can be complicated. Your claim depends on several factors, including how the accident happened and who is at fault.
For example, if your child is hurt in a car accident due to a distracted driver, you could have several options for pursuing compensation. You may pursue an insurance claim with the at-fault driver’s insurer, or you may file a personal injury lawsuit. The same may be true for a child injured on someone else’s property. Generally, property owners carry insurance that will pay for a victim’s expenses if they file a premises liability claim. If an insurance claim isn’t possible or viable, a child injury lawsuit may be the next course of action.
In most child injury cases, a parent can demand compensation for the child’s medical expenses, lost earning potential, pain and suffering, and other losses. It’s less clear whether parents themselves can recover compensation.
Parents generally cannot receive compensation for time missed from work and lost wages due to a child’s injury. South Carolina does have a bystander liability law that may allow parents to pursue money in the event they witness the accident and experience mental anguish. If a child dies in an accident, parents could pursue a wrongful death claim against the responsible party.
Talk to Our Experienced Child Injury Lawyers in Summerville, SC
Joye Law Firm is led by highly respected personal injury attorneys that care about the community and helping accident victims get the justice they deserve. We know how important family is. Let us help you protect yours. Since 1968, we have made it a priority to help injured children get the compensation they deserve to rebuild their lives.
If your child is involved in an accident caused by someone else’s negligence and you need help
understanding your rights, contact our firm today. Our team will take the time to listen to you and thoroughly review your situation. An experienced South Carolina child injury lawyer will discuss your legal options and develop a strategy that offers the best opportunity for a positive outcome for you and your family.
Call our office today or fill out an online form for a free consultation with a Summerville children’s injury attorney.