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No parent wants to find out their child has been injured in an accident. Filing a lawsuit against the person responsible could ensure your child gets the care and compensation they need to recover from their injuries. However, civil suits can be complicated.
Working with a Fort Mill child injury lawyer could improve your chances of success in your case. Call Schiller & Hamilton Law Firm today to speak with a legal professional about your claim.
Determining Negligence in Injury Cases
Like most civil cases, child injury claims are based on the legal principle of negligence. In a personal injury lawsuit, negligence may be a factor if:
- The at-fault party had a duty of care to the plaintiff
- They breached that duty of reasonable care
- The breach directly caused the accident
- The accident cause the plaintiff’s injuries
Who Has a Duty of Care to Children?
Depending on the circumstances, people may have different duties of care to a child. For example, all licensed drivers have a responsibility to obey traffic laws and drive safely, but property owners may have to take extra care. People who own property must ensure that “attractive nuisances” like swimming pools and dangerous machinery cannot cause harm to children in the event of trespassing.
What Is the “Rule of Sevens?”
The “Rule of Sevens” states that a child under the age of seven cannot bear contributory negligence for their own injuries. Additionally, there is a presumption that children between the ages of seven and 14 cannot be negligent. A local child injury attorney could help parents identify the negligent parties in their case.
Recovering Damages Sustained by a Child in Fort Mill
Parents filing a personal injury suit on behalf of their underage child cannot seek compensation for pain and suffering. However, they may be able to recover economic and non-economic damages such as medical costs, loss of future earning potential, and loss of opportunities.
Can an Injured Party Recover Damages as an Adult?
According to South Carolina Code of Laws §15-3-530, underage children can file a personal injury suit within three years of their 18th birthday. An adult filing a claim for an injury they sustained as a child may have a much broader scope of damages available to them. A child injury lawyer in the area could help injured parties or parents create a strategy for recovering the maximum compensation.
Get in Touch with a Fort Mill Child Injury Attorney Today
If your child was hurt due to someone else’s reckless or careless actions, you may be able to hold the negligent party liable for the harm they caused. However, pursuing civil litigation without professional legal guidance can be difficult, especially when your child’s future is at stake.
The attorneys at Schiller & Hamilton Law Firm are here to support you and your child throughout your case. Retaining a Fort Mill child injury lawyer could be the best legal decision you make. Call today to find out how a skilled legal professional could help you and your family.