Your children are your priority. You know they are curious, but they may not perceive danger. You worry they will be injured by a negligent adult who exposes them to harm. Adults have a duty to children, and you have recourse if your child is hurt by someone else’s actions or inactions.
A dedicated personal injury attorney could gather the evidence needed to prove an adult failed in their duty to protect your child. Whether they are doctors, manufacturers, babysitters, teachers, motorists, or landowners harboring an attractive nuisance, if they cause your child to get hurt, an Orangeburg child injury lawyer could help.
Common Child Injuries
Child injuries can occur in many ways, but parents can only pursue legal action when they can prove these injuries resulted from another adult’s negligence. Drowning is the most common cause of death for healthy children aged one to four, according to The Centers for Disease Control and Prevention. These circumstances may involve negligence under the doctrine of premises liability, for example, when homeowners do not secure a backyard pool and a child trespasser is drawn to the attractive nuisance. Other examples of acts by negligent adults that can harm children include:
- Medical professionals who do not perform a Caesarian Section in time and the baby suffers brain damage from lack of oxygen
- Daycare workers who use corporal punishment, injuring children
- Manufacturers that do not include appropriate warning labels on products suitable for children
- Homeowners who allow dogs to attack children
- Motorists who drive drunk and crash into school buses
An Orangeburg child injury attorney could methodically lay out a case to the jury to prove negligence, which could lead to a monetary award for medical care, disfigurement, and ongoing pain.
What If Parents Contribute to a Child’s Injury?
Defendants and their insurance companies have a vested interest in arguing that a plaintiff’s negligence contributed to an accident. Under South Carolina’s doctrine of modified comparative negligence, courts assign everyone involved in an accident a portion of the blame. Any blame assigned to the plaintiff means courts will reduce their damages award by that percentage. For example, if a parent does not strap a toddler into a car seat and another motorist slams into the parent’s car, ejecting the child through the windshield, the jury may decide the parent is 40 percent liable and reduce their compensation by this percentage. Contact a skilled attorney in Orangeburg to discuss the particular circumstances of a child injury case.
Statute of Limitations
All states prescribe a time limit for filing injury and other lawsuits, so defendants do not have a lawsuit hanging over them indefinitely. The Statute of Limitations, codified in South Carolina Code of Laws Annotated Section 15-3-530, gives plaintiffs three years to file injury claims. However, children may have until the age of 19 to take legal action. Because witnesses’ memories dim and evidence disappears over time, parents of an injured child in Orangeburg should talk to a compassionate attorney about building a case as soon as possible.
An Orangeburg Child Injury Attorney Advocates for Your Family
One of the most horrible phone calls you can receive is one that announces your child has been injured. An even worse scenario is if a product or situation you thought would be safe for your child is not. Often, these cases involve an adult who failed in their duty to ensure your child’s safety.
If your child has been injured due to an adult’s negligence, call our team of legal professionals. We dedicate our resources to helping people like you recover fair compensation.
No adult should get away with harming an innocent child. Call an Orangeburg child injury lawyer who could advocate for your family.