Children are energetic, adventurous, and resilient, but they are also vulnerable to a variety of accidents and injuries. When a child is injured, it can be traumatic for both the child and their parents and result in serious repercussions and expenses for the family. A Columbia personal injury lawyer can help you mitigate these costs and seek justice if your child has been harmed by someone else’s reckless actions.
A Columbia child injury lawyer can assist you in seeking compensation for your child’s injuries. At Shelly Leeke Law Firm, we are empathetic to your situation and provide you with an experienced team that has a long track record of success. You will not have to pay any fees for your case unless you win.
An Overview of Child Injuries in South Carolina
While every attempt should be made to prevent unintentional childhood injury, accidents, and injuries will still occur sometimes. Unintentional injuries are the most common cause of death each year for children and teens between the ages of 1 and 19 and the fifth leading cause of death for children under one year of age. Boys are also more likely than girls to be injured.
Falls are the number one leading cause of injuries to children. While these injuries are not likely to be fatal, they can still cause serious damage. Children are often likely to be poisoned by ingesting medications and non-edible products, as well as sustain gun-related injuries from exposed access.
Additionally, some accidents and injuries result in death. Car accidents are the leading cause of child injury deaths, which account for 50% of the total mortality rates of children and teens. Following close behind it, death by drowning is the second leading cause of child and teen deaths.
Types of Child Injuries
With a child’s increased susceptibility to injury, it is important to be aware of the primary types of risks and accidents they can be exposed to and prevent them as much as possible. However, sometimes harm can come to your child through these avenues as a result of another person’s negligent behavior. Some of the leading causes of childhood injuries include:
- Car crashes
- Pedestrian injuries
- Suffocation and strangulation
- Drowning
- Poison
- Fires
- Guns
- Falls
- Bike, skateboard, and scooter injuries
Because the types of accidents and injuries can be so different, the way forward can vary just as much. To reduce the amount of overwhelm you may feel, a child injury attorney in Columbia can guide you through the process and craft a strategy that fits your child’s level of injury. Personalized legal representation can help you receive the maximum amount of damages for your case.
How a Lawyer Will Seek Justice for Your Child
When you are seeking compensation against someone who has hurt your child, a child injury lawyer in Columbia will investigate your case and serve as an advocate for you and your child. Your lawyer will gather and examine the evidence to establish and build your case and determine negligence, which is the basis for your lawsuit. Photos, videos, medical records, witness statements, and any other relevant documents from the event are all taken into account when evaluating your case.
According to the South Carolina Code of Law Title 15 Chapter 38, South Carolina is a comparative negligence state. This means that the degree of fault of all parties is taken into account, and the amount of damages a party has to pay or is entitled to receive is in proportion to their degree of fault. A jury or court will make a ruling after all evidence is examined.
In the event of a wrongful death, South Carolina law Title 15 Chapter 51 outlines that a family member may still seek and be awarded damages on behalf of the one who has passed away. The party who has negligently acted in a way to cause the death is still liable for damages and may also receive a felony charge for the results of their actions. In such cases, any settlement is approved by a probate court, circuit court, or a U.S. District Court.
Statute of Limitations in Child Injury Claims
Like any other legal proceeding, there is a statute of limitations in which to bring forward a case to seek compensation. While the time frame allowance can be substantial sometimes, it is better to request damages sooner rather than later. Generally, the benefit of filing a lawsuit closer to the event is that the evidence is fresh, and you can receive compensation sooner to alleviate expenses.
The statute of limitations for most civil actions in South Carolina is three years from the time of the event, according to Title 15, Chapter 3 of South Carolina law. After that three-year period, a case may no longer be brought before a court. However, the child injury statute of limitations in South Carolina is different.
Unless you are claiming for a hurt child, the time for a child to present a case is paused until they reach the age of 18. However, once they turn 18, they must bring forward a case within a year if they want to seek compensation. This exception to the normal statute of limitations takes into account the level of understanding a child has versus that of an adult.
Contact an Experienced Columbia Child Injury Lawyer Today
When your child is injured, you want to make them feel better as soon as possible. Having a Columbia child injury attorney on your side speeds up the time it takes to receive compensation and cover your child’s medical expenses. The team at Shelly Leeke Law Firm is here to skillfully and compassionately navigate you through this difficult experience.
We know this is an overwhelming time for your family, and we do everything possible to ease your emotional and financial situation as you walk through the legal process. Our experienced child injury lawyers in Columbia have a strong track record of success and can guide you through the entire process. Schedule your free consultation today, and let us fight for you.
