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As a parent, the idea that your child might get hurt through another person’s misconduct can be an ever-present source of stress, and learning that your child actually has been injured under those circumstances can feel like a nightmare coming to life. As much as possible, though, it is vital that you remain calm and act proactively to protect your child’s best interests in this kind of situation, and most of the time, that means seeking civil restitution on your child’s behalf for the harm they have unjustly sustained.
Of course, knowing you have grounds for a personal injury lawsuit is one thing, and achieving a favorable result from such a claim without a seasoned personal injury attorney’s help can be another entirely. Fortunately, with assistance from a compassionate Charleston County child injury lawyer, you may be able to more effectively demand the compensation your family needs without piling too much additional stress on yourself or your loved ones.
Generally speaking, holding an adult legally liable for an accidental injury suffered by a child works the same way as holding them liable for accidentally harming a fellow adult. In both scenarios, the burden of proving that a specific reckless or careless act by the named “defendant” was the direct cause of a child’s injury will fall on the “plaintiff” filing suit, and so too will the burden of showing that specific “compensable damages” stemmed directly from that defendant’s misconduct.
That said, there are some scenarios under which it can actually be easier to sue an adult over a child’s injury than it would be to sue over harm suffered by an adult. For instance, under the attractive nuisance doctrine, landowners can be held liable for injuries sustained by trespassing children if those injuries were caused by a lack of security around something like a swimming pool, which a very young child might not understand the dangers of. A child injury attorney could discuss what may or may not serve as valid grounds for civil litigation in Charleston County during a private initial consultation.
Because minor children cannot legally represent themselves in court, the responsibility of suing over a child injury in South Carolina typically falls to the injured child’s parent(s) or legal guardian(s). Children can technically sue on their own behalf over injuries they suffered as minors if they wait until they turn 18 to actually start the legal process, but for both legal and practical reasons, it is generally best to start the recovery process sooner rather than later.
With that being said, state law does place numerous restrictions on how parents must go about seeking compensation in their injured child’s name and how they must manage any funds recovered on that child’s behalf, including a requirement for all settlement agreements for child injury cases to be approved by a judge before being made official. Navigating around these unique rules and regulations can be a huge obstacle to effective recovery without guidance from a capable child injury lawyer in Charleston County.
No child should suffer a serious injury under any circumstances, and certainly not because an adult around them acted in a reckless or careless way. Unfortunately, accidents involving minors happen every day across the state, and if your family has been impacted by one, your best option right now may be to seek civil restitution for the damage that has already been done in order to prevent more damage from occurring in the future.
Support from a dependable Charleston County child injury lawyer could be crucial to pursuing a claim like this effectively, efficiently, and with the goal of securing the best possible quality of life for your child despite the trauma they have experienced. Call us today to discuss your legal options.