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How Do I Pursue a Personal Injury Claim in Camden on Behalf of My Child?

December 22, 2017

Accidents happen, and sometimes a child is involved. If the accident goes beyond the average bruise or injury that requires stitches, the possibility of a Camden personal injury claim comes into play. Seeing your child hurt is a parent’s worst nightmare. Therefore, the last thing on their mind would be a legal process and the pursuit of a lawsuit to support them and help with medical costs. Certain situations, however, require the consideration of these very serious pursuits.

Children who are injured due to faulty equipment, such as a festival or fair ride or a product that was not sufficiently tested, and children who are injured as a result of negligence on the part of a caregiver or authority figure in the area, can all be the victims in personal injury cases. The legalities may escape parents of these severely injured children. This is why a consultation with a personal injury attorney is very important in the days following the accident.

Who is Legally Considered a Minor in South Carolina?

Children are those under the age of 18. These individuals can not file a personal injury claim on their own behalf. Therefore, a parent or legal guardian must file instead. In some states, a motion to file on behalf of the minor is required. In South Carolina, this is not a requirement.

In South Carolina, a child has until the age of 19 to file a personal injury lawsuit to attempt to gain restitution for pain and suffering, loss of quality of life and other factors related to their life. Meanwhile, a parent has two years to file for restitution for all medical bills related to injury of a child if the defendant is a government entity and three years if the defendant is non-government.

How Can I Find Evidence for My Child’s SC Personal Injury Claim?

Personal Injury Claim Camden South Carolina

Have questions about how to proceed with your personal injury claim? Contact Connell Law Firm for a consultation.

Evidence in these types of personal injury claims can be challenging to gather, as cases involving children who are injured tend to be highly emotional. This impacts witness statements and the clarity to gather evidence at the time of the incident. Therefore, hiring a personal injury attorney to pursue evidence while one is focused on the immediate condition and care of the child can be very crucial to the progress of the case. As stated above, it can sometimes be years before the parent is ready to file a personal injury lawsuit. However, by then the evidence is gone, and the witness recall becomes foggy. It is important to gather as much coherent evidence in a timely manner as possible.

The legalities of handling insurance claims, juggling medical bills and determining who is responsible for paying said bills and attempting to focus all attention on the healing youth make for stress and strain on the parent. Therefore, relying on experienced legal representation can lead to a lower level of stress and strain on the family, redirecting the focus to the injured individual where it should remain.

There are also accidents caused by children where the minor is the catalyst rather than the victim. These cases, both in Camden and elsewhere, require consultation with a personal injury attorney in a timely manner as well. They require the assistance of a lawyer in order to understand what standards are being applied to the minor’s behavior as it relates to the injury of another minor. Children under the age of seven are not held liable for injuries they cause, although after that age, more emphasis is put on comprehension of the situation and the injuries that resulted.

At the age of seven and above, children are considered to be acting intentionally. Injuries caused by intentional actions will result in holding the child accountable. Older children are also considered liable when they act in a manner that is not comparable to children of the same age, resulting in negligent conduct and related tragedy to another person.

Each South Carolina Personal Injury Claim Needs a Unique Approach

Lawsuits in Camden mainly become an issue if the minor is responsible for injuries to another person, and the minor is not covered by auto, homeowner’s, or renter’s insurance. In some cases, the parents will be held liable for the damages, while in other cases, the liability may simply fall on the shoulders of the minor.

Different cases will all be approached in different ways. Therefore, a consultation regarding the case of a minor in your life may be the best way to understand various aspects of the current situation and upcoming court visits. With direct attention from a knowledgeable legal representative, you can get insight into your specific scenario which in turn could help you learn what to expect in the future.

It is important to note that should an accident lead to a permanent disability, there are different ways that the case can be handled. These types of personal injury claims are often more challenging and the victim could seek damages for pain and suffering as well as loss of earning capacity.

Consult with an Attorney to Discuss Your Camden Personal Injury Claim

Families in Camden see their lives change before their eyes when one of their children is injured during an accident. Having the appropriate legal counsel for your personal injury claim can make the difference in your case. Not only will you receive the legal guidance you need for your case, but you will also have more time to focus on your family while your attorney helps you prepare all the right files.

Appropriate legal counsel will be someone well-versed in the laws and minutiae related to personal injury cases. They will have a record of successes in the courtroom and be welcoming to the idea of a new case and new clients to assist in their efforts to move on from a tragic experience.

Contact a personal injury attorney at Connell Law by calling 803-310-5700. They can help you determine the best way to move forward with a personal injury lawsuit if that seems appropriate for your situation.