Myrtle Beach, renowned worldwide for its stunning coastline and dynamic environment, has become a major draw for nearby and far families. However, with such excitement comes an essential responsibility for parents and guardians to stay aware and vigilant about the potential hazards and risks associated with child injuries. When emotions run high, the role of a competent and compassionate Myrtle Beach personal injury lawyer from Shelly Leeke Law Firm becomes invaluable.
While you tend to your child’s needs your dedicated Myrtle Beach child injury lawyer with our firm will work tirelessly to build the strongest case possible. Take advantage of our no-win, no-fee guarantee. Contact us for a 100% free consultation and help your child get the justice they deserve.
Child Injuries Common to Myrtle Beach
Myrtle Beach encounters its fair share of child-related injuries like every busy tourist hotspot. While enticing and thrilling, the multitude of recreational activities available in the region also presents potential risks. Below are some typically reported incidents.
Beach-Related Accidents
One of the prime attractions of Myrtle Beach is its pristine coastline, and as such, children often find themselves indulging in beach activities. However, this also exposes them to the risk of injury due to harsh waves, perilous rip currents, or even unintentional collisions with other beachgoers.
Water Park Mishaps
Myrtle Beach is home to various water parks, offering adrenaline-charged experiences that kids love. However, these same thrilling parks can pose certain risks, including accidents on slides, drowning incidents in deeper pools, and slip-and-fall injuries around the perpetually wet surfaces. These types of accidents can result in broken bones, neck and back injuries, or even death and may require the legal insight of a Myrtle Beach slip and fall accident lawyer or a Myrtle Beach wrongful death lawyer.
Bicycle and Skateboard Accidents
Cycling and skateboarding are favorite pastimes for children. However, potential dangers include collisions with motor vehicles, painful falls from skateboards, and crashes precipitated by uneven or poorly maintained pathways. These can result in serious, sometimes life-threatening injuries that require a dedicated Myrtle Beach bicycle accident lawyer.
Playground Incidents
Playgrounds, while intended to be a haven of fun, can also be sites of injury due to defective equipment, or unfortunate falls from structures like monkey bars, slides, or swings. Our team will need to gain insight into how your child’s injuries occurred so we know who should be sued for your damages.
Common Mistakes to Avoid Following a Child Injury
In the aftermath of a child’s injury, parents and guardians must avoid common mistakes. Especially those that could jeopardize their child’s welfare, legal rights, and potential compensation. These pitfalls include those referenced below.
Neglecting Immediate Medical Attention
Regardless of the perceived severity of the injury, immediate medical attention should be sought. Certain injuries, like concussions or internal trauma, may not show immediate symptoms but could have serious implications if left untreated. Otherwise, the defense may argue that you are exaggerating the extent of your child’s injuries.
Accepting Premature Settlement Offers
In many cases, insurance companies might approach parents with quick settlement offers. It is important to consult with a seasoned child injury attorney in Myrtle Beach before accepting any settlements. This will ensure they adequately cover your child’s future medical needs and account for long-term damages.
Lack of Incident Documentation
A comprehensive record of the incident is vital in building a strong legal case. This includes photographs of the injury site and the injury itself, statements from witnesses, and detailed medical reports. You may also request copies of reports filed by your child’s daycare, school, or sports facility to support your case.
Understanding Insurance Coverage
Insurance coverage plays a crucial role in cases of child injury. It is essential to comprehend the nuances of relevant insurance policies to ensure fair and just compensation. Since South Carolina operates under a fault-based system per the South Carolina Department of Insurance, your claim will be filed against the at-fault party’s policy.
Homeowner’s Insurance
If an injury occurs at a private property, like a rental home or a friend’s house, the homeowner’s insurance policy may cover medical expenses and other damages. Depending on how the accident occurred, the insurance company may deny the claim. This occurs most often when children are injured due to public nuisances not covered by the policyholder’s policy or attacked by a dog breed that is prohibited by the insurer.
Automobile Insurance
In the case of an injury resulting from a vehicular accident, automobile insurance may offer coverage for medical expenses, pain and suffering, and other related damages. According to the South Carolina Department of Motor Vehicles, all motorists in SC are required to carry sufficient insurance. Unfortunately, too many drivers fail to uphold these obligations and could face a citation in addition to liability for your damages.
Premises Liability Insurance
This type of insurance caters to injuries sustained on another party’s property, such as a commercial business or public space. This might include business insurance, general liability insurance, or professional liability insurance. It may cover medical bills, rehabilitation costs, and more.
Potential Recoverable Damages
When pursuing a child injury case, it is important to understand the scope of potential recoverable damages. Children have the right to be made whole when someone else’s recklessness causes devastating injuries. Your Myrtle Beach child injury attorney with Shelly Leeke Law Firm will be thoughtful in considering how your child’s life may continue to be affected by their injuries as they grow up to ensure we are maximizing your settlement.
Medical Expenses
Compensation can cover a wide range of medical costs, from immediate hospital bills and surgeries to long-term medication, therapy, and future medical costs associated with the injury. Insurance may cover some of these expenses. Any medical bills that remain unpaid can be sought through your child injury lawsuit.
Pain and Suffering
Damages may account for the physical discomfort and emotional trauma endured by the child due to the injury. As they grow up, if they continue to deal with chronic pain, this should be taken into account as we calculate the value of your claim. Though intangible, pain and suffering are some of the most impactful losses children can endure following a serious accident.
Loss of Enjoyment
Compensation may be pursued if the child’s injury has led to a diminished quality of life or an inability to partake in activities they once enjoyed. If they have been permanently disabled, the liable party should compensate them accordingly. Loss of enjoyment of life can also describe a child’s trouble in making friends or maintaining relationships with family members.
Legal Challenges in Child Injury Cases
Child injury cases present unique legal challenges. These types of claims often require careful navigation and specialized legal knowledge. Here are some common legal hurdles that may arise:
- Statute of Limitations: For child injury cases, the statute of limitations can get complicated as some states extend the timeframe for minors, allowing them to file a lawsuit once they attain adulthood in accordance with the South Carolina Code of Laws §15-3-530. A child injury lawyer well-versed in child injury laws can guide you through these complexities.
- Child’s Contributory Negligence: The defense might argue that the child’s actions contributed to the injury per the South Carolina Contribution Among Tortfeasors Act. An experienced child injury lawyer in Myrtle Beach can counter such arguments and minimize any potential liability attributed to the child.
- Determining Liability: Establishing liability in child injury cases can be complex, especially when dealing with premises liability or multiple parties. We can investigate the incident, collect crucial evidence, and identify all potential parties responsible for the accident.
- Emotional Impact: Child injuries often carry significant emotional implications, not just for the child but also for their parents and guardians. Your experienced personal injury attorney will collaborate with medical professionals and experts to document and present compelling evidence of the emotional distress suffered by your child and your family.
- Consent and Waivers: In situations involving organized activities or sports, parents or guardians may have signed consent forms or waivers, potentially affecting their ability to seek legal action. It is imperative to consult an attorney, as these agreements may not completely absolve parties of their liability, especially in cases of gross negligence or intentional harm.
Successfully navigating these legal challenges requires an attorney with a deep understanding of child injury cases and a track record of advocating for the rights of injured children. We will tirelessly work to overcome these hurdles and construct a robust case to ensure justice is served. Having a knowledgeable and dedicated Myrtle Beach child injury attorney is indispensable for such legal intricacies. We can offer the necessary guidance, provide insight, and help navigate the legal process, ensuring these challenges are effectively addressed and overcome.
Contact Shelly Leeke Law Firm for a Child Injury Lawyer in Myrtle Beach
The role of a Myrtle Beach child injury attorney from Shelly Leeke Law Firm extends beyond mere legal representation. We shoulder the responsibility of advocacy, guidance, and support, reassuring in times of uncertainty and distress. We ensure that the rights of your child are protected, fighting relentlessly for justice. Contact us today to learn more.
