When a child is hurt due to someone else’s negligence, the challenges can range far beyond immediate treatment. The legal system handles child injury lawsuits differently than adult cases, with extra safeguards for their future. However, it can take an experienced South Carolina injury lawyer to understand how to handle them.
Why Child Injury Cases Are Different in South Carolina
In South Carolina, the risks that minor children face may be higher in certain areas than the rest of the country. South Carolina auto accidents can be especially deadly for children. For instance, the child motor vehicle accident fatality rate is 5.5 per 10,000 children, which is higher than the national rate of 3.3 per 10,000.
South Carolina settlements involving an injured minor are often subject to court approval. Typically, a portion of the settlement must also be placed in a restricted account or structured settlement that the child cannot access until adulthood.
Child injury cases also tend to take longer to resolve. Courts often wait to understand the full scope of the injury’s impact on the child’s development, which may not be immediately clear.
Determining Fair Compensation for an Injured Child
Compensation in child injury cases must account for much more than initial hospital bills. Courts may attempt to include costs like:
- Future medical care. This can include therapy, surgeries, or equipment the child might need over time.
- Lost potential. Your child’s future may be seriously impacted by the accident. This calculation may be projected based on academic performance, interests, and what the child achieved prior to the injury.
- Pain and suffering. Childhood is a precious time, and an accident can keep your child in the hospital or away from their peers for longer than is fair. This calculation attempts to include both the current distress that your child is suffering as well as the long-term emotional and physical toll.
For example, a child who suffers a traumatic brain injury might need decades of specialized therapy, and their future career options may be significantly affected. A South Carolina child's TBI settlement might account for these projected changes to their adulthood, as well as how their childhood has been impacted.
The Role of Parents in the South Carolina Legal Process
Parents serve as legal representatives for their child throughout the lawsuit, but there are limitations on their powers. For instance, for certain settlement amounts, South Carolina court review and approval are required. Pursuant to Title 62, Article 5, Part 4 (Protection of Property of Persons Under Disability and Minors) of the South Carolina Code of Laws:
- Settlements of $2,500 or less. These settlements do not require court approval. A parent or guardian of the minor child can receive these funds directly and execute a release on behalf of their child.
- Settlements between $2,501 and $25,000. Circuit and probate courts have concurrent jurisdiction over settlements in this range. However, appointing a conservator is typically not required as long as payment is made in accordance with § 62-5-103.
- Settlements over $25,000. Court approval is mandatory in these claims. Additionally, the court must appoint a conservator to manage the settlement funds until the minor reaches adulthood.
Parents may also be able file personal injury claims for their own losses. These can include medical expenses that they’ve paid, time taken off work, or emotional distress. These claims are separate from the child’s and can often be paid directly to the parents.
South Carolina Structured Settlements
Most child injury settlements are structured to release funds in installments over time. These structured settlements help ensure the money lasts and is available when needed most. This might be during college years or set aside for future medical treatments.
The advantages of a South Carolina structured settlement in a child injury case might include:
- Tax-free income (in most cases)
- Protection from mismanagement
- Security for the future
- Accommodation for special needs
- Customized payment schedules
Other options include setting up restricted bank accounts or special needs trusts. These options can provide more flexibility and maintain eligibility for government benefits if the injury leads to lasting disability.
Time Limits for Filing a Child Injury Claim
South Carolina allows more time for child injury claims than adult ones. While adults usually have three years to file, the statute of limitations in South Carolina is tolled, or suspended, until the child’s 18th birthday.
However, waiting too long can make the case harder. Evidence may be lost, and witnesses’ memories can fade. Filing early also helps preserve key medical and insurance records.
When to Consult a Greenville Child Injury Attorney
Insurance companies often try to settle quickly, before families understand the long-term implications of an injury. An experienced child injury attorney can help families:
- Get the right medical evaluations
- Avoid accepting inadequate offers
- Understand long-term compensation needs
- Meet court requirements for filing as well as conservatorship
Having professional guidance during this difficult time gives families the best chance to secure what their child needs to recover and thrive. At Alderson Law, our attorneys are experienced with personal injury claims as well as fighting for our clients to receive the maximum possible compensation.