When you find out your child has suffered a severe injury, the resulting emotions can feel overwhelming. Realizing the injury was caused by another person’s negligence can be even more upsetting. If you are struggling with the aftermath of an expected accident, you could work with a dedicated personal injury attorney on a civil claim.
A York County child injury lawyer could work with you to hold the at-fault parties accountable for their actions. Our legal team at Schiller & Hamilton could guide you through every step of your case.
Common Types of Accidents Affecting Children
Children are active and curious, so it is not unusual for minors to get involved in accidents. Fortunately, many of these incidents are no cause for concern. However, the local attorneys at Schiller & Hamilton have seen many legal claims stemming from severe childhood injuries caused by:
- Vehicle accidents
- Defective products
- Daycare accidents
- Animal bites
- Swimming pools
- Malfunctioning amusement park rides
- Faulty playground equipment
These types of accidents can cause catastrophic injuries such as brain trauma and spinal cord damage that impact a child’s cognitive development and growth for years the come. Any parents dealing with an unexpected accident should get in touch with an experienced attorney in the area.
Attractive Nuisances and Negligence in Child Injury Claims
South Carolina uses the modified comparative negligence rule to determine fault in most personal injury cases. Generally, if a plaintiff is found 50 percent or more responsible for their injuries, they do not receive compensation. However, the shared fault rule does not apply to children, as they do not have strong reasoning and logic skills.
Attractive nuisances refer to unsafe structures that appeal to small children, such as uncovered swimming pools, trampolines, and wells. Because children do not understand the risks associated with their actions, they cannot bear partial fault in an injury claim.
Additionally, property owners have a duty of care to keep their premises safe and eliminate potential hazards to children. Parents could work with a lawyer who focuses on accident claims involving minors to seek compensation.
Types of Compensation After a Child’s Injury in York County
While financial compensation does not make up for the trauma experienced by a family after a severe accident, it can relieve the economic burdens associated with the incident. A skilled childhood accident attorney could help families pursue compensation for:
- Current and future medical expenses
- Lost wages for the parents
- Diminished earning potential for the child
- Property damages
Families can also seek restitution for non-economic damages such as mental anguish, pain and suffering, disfigurement, and loss of enjoyment of life. There is generally no cap on the amount of non-economic damages a plaintiff may request in a child injury claim. However, there is a $350,000 limit on non-economic damages in medical malpractice claims.
Reach Out to a York County Attorney About Your Child’s Injuries Today
If your child has harmed due to the negligent actions of another party, you have the right to take legal action. A York County child injury lawyer could help you and your family fight for the compensation you need to move forward after a devastating accident. Call Schiller & Hamilton today to schedule a consultation and get started.