When another person’s careless behavior is to blame for a child’s injury, families need to take action to recover compensation. A Marion child injury lawyer could provide critical legal services to injured children and their families.
The Whetstone Perkins & Fulda team could put their skills to work for you and help you secure a fair settlement. Call us now to speak with a compassionate and well-versed personal injury attorney.
What to Do After a Child Is Injured
Parents and guardians are often unsure of what to do after a child’s injury and the appropriate steps to take to secure a fair recovery. Prompt and proactive action is often necessary in these situations.
Most importantly, parents and guardians will want to ensure their child receives immediate medical care. Medical treatment is vital to the child’s health and critical for documenting any accidental injuries. Families will also want to report the accident to the appropriate authorities.
Additionally, families should gather any documentation related to the accident. This can include photos and videos of the scene, contact information for all parties, and eyewitness statements. This type of evidence can be helpful when it comes time to file an injury claim.
Types of Damages in Child Injury Cases
Injured parties and their families may be able to recover damages for their injuries. These damages can be divided into two main categories: economic and non-economic. With economic damages, individuals can recover for tangible losses like medical expenses and lost earning capacity, while non-economic damages compensate for intangible losses like pain and suffering.
Generally, there is no cap on economic damages for personal injury in South Carolina unless a governmental entity is involved. Non-economic damages can be capped in medical malpractice cases.
Punitive damages can be awarded in particularly egregious cases where conduct is reckless or grossly negligent. If punitive damages are an issue, they likely will be capped at the greater of $500,000 or three times the amount of economic damages. If there are certain special findings, that cap may be increased or done away with altogether, for instance, where intent to harm has been shown.
In addition, if the at-fault party is a government entity, compensatory damages are capped at $300,000 per person and $600,000 per occurrence. No punitive damages are allowed against a governmental entity.
Generally, in South Carolina, parents and guardians are only entitled to recover damages for themselves in the form of medical bills. This means that they will not be able to recover for their own lost income or emotional distress due to their child’s injury. There is an exception to this rule if the parent witnessed the accident that led to their child’s injuries, as a Marion attorney could further explain.
How an Injury Lawyer Can Help
Legal counsel may be helpful in child injury cases. These types of claims can be complex and emotionally draining for families. A child injury attorney in Marion could help a family throughout the entire case, using their skills and knowledge to assist them with navigating the complexities of the legal process, such as:
- Explaining the law and helping families through the injury claim process
- Investigating the incident to determine what occurred and the responsible parties
- Gathering evidence to prove fault and damages
- Filing an injury claim on behalf of families
- Negotiating a settlement with the insurance company
- Filing a lawsuit and taking the case to court
A lawyer’s knowledge could be beneficial to effectively guiding these claims. A legal professional will understand the process, what a child injury claim may be worth, and how to secure just compensation.
Call a Marion Child Injury Attorney for Assistance
Accidents involving children are understandably upsetting experiences. A Marion child injury lawyer at Whetstone Perkins & Fulda could provide you with the legal services your family needs.
Our compassionate attorneys are prepared to fight for your and your child’s rights. Contact us now to learn more about how we can help.
