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Parents try their best to keep their children safe, but due to circumstances beyond their control, children can still suffer personal injuries. These are often the products of accidents, however, injuries may also result from the intentional violent acts of others.
Minors who get hurt in these situations deserve the compensation they need to set things right. A Rock Hill child injury lawyer at Schiller & Hamilton wants to help your family to collect these payments. This can include covering medical bills and demanding compensation for lost quality of life. Cases involving kids are subject to special rules, and a skilled personal injury attorney could help parents to navigate these rules while dealing with the insurance companies.
Common Types of Child Injuries Plaintiffs Sue for in Rock Hill
Children may be prone to injuries, but when someone else is responsible for causing them, plaintiffs should seek to hold that party accountable to the fullest extent of the law. Common types of injuries children endure in accidents, incidents, and other events include:
- Head injuries
- Neck injuries
- Back injuries
- Soft tissue injuries
- Internal injuries
- Traumatic brain injuries (TBIs)
- Full-thickness burns
- Broken and fractured bones
- Organ failure
- Spinal cord injuries
- Paralysis
- Loss of limbs
- Post-traumatic stress disorder (PTSD)
- Various mental health disorders
It is important to remember that it is not the type of injury your child sustains that will determine if they have a right to compensation for their injuries. The impact the accident and your child’s injuries have had on their life, however, will determine if they have the right to compensation for their damages. When you are unsure what your next steps should be, reach out to our Rock Hill child injury lawyer for help and support.
Situations That May Result in Actionable Child Harm Cases
Children have the same right to expect protection from others. If a defendant injures an underage person, that defendant is liable for providing fair compensation to that minor. Prominent examples of these situations include:
- Slips and falls
- Premises liability
- Truck, car, and bus collisions
- Bicycle or pedestrian accidents
- Boat wrecks
- Medical malpractice
- Defective products
- Dangerous drugs
Sadly, children are also vulnerable to injuries that may only impact people of a lesser age. They may endure harm while on a school bus or while at daycare. They may also be subject to the abuse of teachers, coaches, or other caretakers. A Rock Hill child harm attorney is dedicated to investigating the cause of a minor’s injuries and holding all liable parties responsible.
Proving Liability for Child Injuries in Rock Hill
If you want to recover the compensation your child deserves, proving liability will be critical. Our attorney can review the type of accident your child was involved in to determine who is liable for their injuries.
For example, if your child was injured in a motor vehicle accident, common parties who could be evaluated for liability include:
- Negligent drivers
- Maintenance technicians
- Safety inspectors
- Government agencies
- Government officials
- Municipalities
- Vehicle parts manufacturers and distributors
- Vehicle parts designers and suppliers
- Dram shops
- Other third parties
The Burden of Proof in a Child Injury Case
In pursuing a child injury claim, your attorney will need to show that someone else’s negligence or misconduct caused your child’s injuries. The burden of proof in civil claims is based on a preponderance of the evidence.
This means the evidence our Rock Hill child injury attorney presents must show that the defendant is responsible for causing your child’s injuries. The case must present the elements of negligence as follows:
- Duty of care: The defendant had a duty of care to keep your child safe.
- Breach of duty: They breached this duty with an action or inaction.
- Causation: Their breach directly led to or caused your child’s injury.
- Damages: As a result of the breach, you and your child suffered injuries and damages.
Protecting the Legal Rights of Rock Hill Children
As minors, children must rely on the guidance of their parents or other guardians to protect their legal rights. For all cases with a value of less than $2,500, the guardian can take direct control over the funds. If the value is between $2,500 and $9,999.99, the court must approve the settlement before the outlay of money. Finally, for all values of at least $10,000, the court will appoint a conservator to take control over the funds and distribute them to the minor when they become an adult. A minor accident attorney in Rock Hill could help to navigate this process.
It is also important to remember there is always a limited time following an accident to pursue a case. For most children, South Carolina Code § 15-3-530 creates a time limit of three years. However, this time may change based upon the nature of the case. Talking with a lawyer as soon as possible gives them the best chance of providing effective assistance.
Calculating the Value of a Child Injury Claim in Rock Hill
For you to get the most out of your child injury claim in Rock Hill, we will need to go over the various ways the accident and injuries from the injury affected your life and your child’s life. Your child and your family should receive financial recovery for every loss you endured. Here is more about how our attorney can determine the value of your child injury claim:
Economic Damages
Economic damages describe your fixed monetary losses. You can prove economic damages with receipts, bills, expense records, big statements, credit card statements, pay stubs, and other documentation.
Some of the more common types of losses your family may be able to recover in your Rock Hill child injury claim include:
- Income loss
- Your child’s diminished capacity
- Mental health counseling expenses
- Medical equipment fees
- Hospital bills
- Ambulance fees
- Co-payments
- Property damages, where applicable
- Unexpected childcare expenses
- Costs of household upkeep and maintenance
- Costs of increased insurance premiums
- Other financial losses
Non-Economic Damages
It is also important to consider how the accident affected your life and your child’s life in non-financial ways. Losses with a dollar amount are non-economic damages.
While they do not have a fixed monetary value, our attorney can help you quantify them so your family can receive fair compensation. Common non-economic damages in child injury claims include:
- Mental anguish
- Physical suffering and pain
- Reduced or lost quality of life
- Loss of love and companionship
- Loss of protection and guidance
- Loss of advice and support
- Inconvenience
- Reputational damage
- Disfigurement, skin scarring, or dismemberment
How Rock Hill Child Injury Claims Are Paid
You may be wondering how your child’s injury settlement is going to be paid out if your claim is successful. You can recover compensation for your child’s injuries in several ways.
More often than not, child injury victims can recover compensation through insurance claims and civil cases. Here is more:
Dealing With the Insurance Company
The liable party’s insurance company must compensate you based on the amount of coverage their policyholder purchased. It is not uncommon for insurance companies to only cover medical expenses and property damages.
This means you may have to file a civil lawsuit to recover compensation for the other ways the accident and your child’s injuries have affected their life. The insurance company must compensate you only up to the highest limits of the policyholder’s claim. If your damages are greater than that, you can seek with your Rock Hill civil case.
Our Child Injury Attorney Will Look Out for You
Do not expect the insurance company to be willing to settle your claim fairly. No matter what its financial obligation, it will likely try to reduce your benefits or deny your claim altogether. Our lawyer can negotiate with the insurer for you so you can avoid tactics that could delay or cancel your claim.
Our attorney is not afraid to go up against the insurance company to get your child and family the compensation you are due.
Civil Claims for Child Injuries
In bringing your child’s injury claim to civil court, you can seek compensation for every single loss. This includes economic damages and non-economic damages.
Reach Out to a Rock Hill Child Injury Attorney Today
All people who suffer harm because of others deserve fair compensation for their losses. Underage people are no exception to this concept. If they suffer an injury because of an accident or intentional abuse, their parents may seek out payments for the minor’s medical bills or lost quality of life.
A Rock Hill child injury lawyer wants to help you pursue these payments for the well-being of your kid. This includes proving fault for the incident, measuring damages, and following the specific rules that govern child harm cases. Call Schiller & Hamilton now to learn more.