As a parent, there is no feeling worse than learning your child has been hurt due to another adult’s reckless, careless, or unlawful conduct, especially if the injuries resulting from this incident will have long-lasting repercussions.
Fortunately, state law allows you to take civil action on your child’s behalf and demand compensation for their injury-related losses, including any negative impacts the harm will have on their life in the future.
Support from an experienced personal injury attorney could be the key to achieving a positive and financially beneficial result from this complex type of claim. Reach out to a Walterboro child injury lawyer today to learn more.
Can Parents in Walterboro Sue for Their Child’s Injury?
Anyone under 18 years old cannot represent themselves or their own best interests in South Carolina courtrooms. Therefore, if your adolescent gets hurt in an accident or through any other means caused by another adult’s negligent or wrongful act, you may pursue civil litigation on their behalf. However, there are several limitations on your rights and the procedural steps you must follow in your child’s injury claim, all of which a local attorney could explain during a private consultation.
When a child injury claim ends with a settlement agreement for a sum greater than $15,000, a court must approve the settlement and appoint a conservator to protect the injured minor’s interests before the agreement can become official. Court approval is still required for settlement amounts between $2,500 and $15,000 in value, but a conservator generally is not. Finally, settlements equal to or less than $2,500 in value normally do not require court approval before they can be paid out.
Recovering Compensation in an Adolescent Injury Case
When seeking civil restitution for your injured child in Walterboro, you can demand economic and non-economic damages your child has already experienced and the losses they might experience further down the road. Specific losses that often play roles in child injury claims include:
- Costs of emergency medical care
- Long-term medical expenses, including costs of physical therapy, pain management medications, and assistive equipment like crutches or wheelchairs
- Physical pain and suffering
- Emotional and psychological trauma
- Diminished earning capacity
- Lost quality of life and other impacts of long-term disfigurement and disability
When you or your skilled lawyer intend to file suit in your injured child’s name, you must do so within three years of when the injury occurred. Otherwise, your child can file a claim once they come of age, although they must do so before they turn 19 years old.
Consider Working with a Capable Child Injury Attorney in Walterboro
Accidents involving children can have devastating consequences that affect every aspect of their lives and future. That said, the person responsible for causing such an accident should be the one to pay for its negative effects. However, knowing someone else caused your child an avoidable injury and holding them accountable through civil litigation are two very different things, as knowledgeable legal representatives know all too well.
A Walterboro child injury lawyer’s guidance could make all the difference in how your case proceeds and whether it has a positive final resolution for your family. Call our hardworking attorneys at Whetstone Perkins & Fulda today to discuss your legal options.