A parent’s worst fear is seeing their child injured or in pain. When a child is injured due to the negligent actions of another, parents must take steps to ensure their child’s well-being. Your Beaufort child injury attorney at Shelly Leeke Law Firm, with over a decade of legal
experience, is here for you during these difficult times. No matter what type of injury your child has experienced, your Beaufort personal injury lawyer from our firm will guide you through the legal process and ensure you receive the compensation you and your child deserve.
The Type of Injuries that Children Can Experience
Most parents feel their main duty is to keep their children safe and happy. So, when their child becomes injured because of someone else’s negligence, this may send their world into turmoil. The following are different types of common injuries that children can experience, according to HealthPartners Clinics:
- Broken or fractured bones
- Birth defects and injuries
- Pedestrian accidents
- Bicycle accidents
- Car accidents
- Burn injuries
- Traumatic brain injuries
- Sports injuries
- Playground accidents
- School accidents
- Catastrophic injuries
- Daycare accidents
- Slips and falls
- Falling object injuries
- Defective product injuries
If your child experiences any type of injury, long-lasting psychological, physical, and financial consequences may affect the child and the entire family. After a child injury attorney in Beaufort has considered your case viable, you may be able to receive compensation for present and future medical expenses. Our team at Shelly Leeke Law Firm is here to help you ensure whoever is responsible for causing your child’s serious injuries is held accountable.
Length of Time You Have to File a Child Injury Lawsuit
Even though individuals injured in South Carolina typically have three years to file a lawsuit per South Carolina Code of Laws §15-3-530, children can file an injury lawsuit on their own behalf when they turn 18. There are two claims, one for the parent and the child. The difference between these two claims is that the parent’s claim is mostly for the medical bills, and the child’s claim is for compensation to cover other types of suffering.
If your child has suffered an injury, it is extremely important to seek advice from a child injury attorney as quickly as possible to determine if you have a potential case. Your Beaufort child injury attorney with our firm is knowledgeable and experienced in handling cases involving children.
We will provide the resources you need to make the most suitable decisions regarding your family. When you choose Shelly Leeke Law Firm, you can rest assured that we will help you navigate the legal process and receive the best outcome possible. Even if that means going up against daycare program directors, school administrators, or other professional organizations.
How to Prevent Child Injuries
When parents learn they are expecting or bringing a new baby into their home, they do everything possible to prevent child injuries. While you cannot blame yourself for your child’s injuries, it is highly recommended that you report any injuries or suspected abuse as soon as possible to the authorities. Your child injury attorney in Beaufort understands the desire to protect your children at all costs, so we have created a list to help you follow. The following are a few ways to help your children avoid injuries while in your home:
- Ensure medications, bleaches, cleaners, and other poisons are always out of children’s reach.
- Vaccinate your animals against diseases.
- Ask your physician to show you how to properly give medications to your children when needed.
- Always use car seats, safety gates, and booster seats.
- Make sure that wall outlets are covered at all times.
- Keep the edges of tables and counters covered to prevent minors from bumping their heads.
- Ensure that children cannot access knives, sharp objects, and other dangerous items in your home.
- Hire a primary care doctor for your child and keep in touch with them about any illnesses and injuries that occur.
Although this is a good basic list to follow when preventing child injuries, child injuries will most likely still occur regardless of how careful you are. Even children of the most observant parents still experience injuries from time to time. However, you will need to consider how the injury occurred and if it was due to someone else’s negligence that could have been avoided. If so, you should seek a powerful legal advocate to fight for you and your children.
How to Hold Responsible Parties Accountable for Child Injuries
Many parents do not know what to do or where to turn when their child has experienced an injury due to someone else’s recklessness. You must file a civil suit if you would like to request compensation for your child’s losses. When you file this suit, you will need to explain what losses your child has experienced since the injury and the duty of care that the individual or party owed to your child.
Sometimes, the responsible party is a toy or furniture company that was defective and injured the child. Other times, the responsible party is an individual who was negligent while watching the child. You will need to be informed as to who owes your child a duty of care.
This is where Shelly Leeke Law Firm will be glad to step in and assist you with determining the liable parties and what your next steps should be. We can work together to collect the evidence needed and create a compelling case to ensure that your claim is successful. We will exhaust every opportunity to speak with witnesses, obtain internal documents, and secure valuable medical and forensic evidence to prove liability based on a preponderance of the evidence as described under South Carolina Code §15-36-100.
Beaufort Child Injury FAQ
What Do We Do if They Blame My Child for the Accident?
This is actually one of the most common tactics defendants use to avoid being held culpable for their negligence. South Carolina operates under modified comparative negligence laws with a 50% threshold, according to South Carolina Code §15-38-15. This means if the injury victim’s portion of the blame is less than 50%, they can still recover compensation, but the rate is reduced.
Injury victims who are more than 50% responsible will lose their right to be awarded a settlement. Since your child’s portion of the blame directly impacts the amount of compensation they could be awarded, the defendant may be able to reduce their financial liability by placing blame on the child. For this reason, working with a dedicated child injury lawyer in Beaufort may be the best way to protect your child’s future payout.
How Do Child Injury Lawsuits Work?
Child injury lawsuits work in almost the same way a personal injury lawsuit for an adult would. Children who suffer injuries may have the right to pursue claims on their own behalf once they reach the age of 18. In the meantime, parents can take legal action to get the child’s medical expenses covered and the financial help they will need to help their child as they grow up and have to cope with the trauma of their injuries.
What Is the Payment Structure for a Child Injury Lawsuit?
There are no hourly fees, flat rates, or retainers for a Beaufort child injury lawyer. We work for our clients on contingency per South Carolina Judicial Branch Rule 1.5: Fees. This means you never have to pay anything in attorney’s fees unless we win your case.
If we win, our contingency fee will come out of your settlement. If we lose, your personal finances are never in jeopardy. This payment structure makes it possible for all types of injury victims to get the legal help they need without financial restrictions.
Schedule an Appointment to Meet with a Child Injury Lawyer in Beaufort Today
Child injuries are devastating to any parent or child. It is not only your responsibility to comfort your injured child but also to hold the individual or company liable for placing them in harm’s way accountable. While this may sound overwhelming, your Beaufort child injury attorney with Shelly Leeke Law Firm is here to let you know that you do not have to go through this process alone.
We will schedule an appointment for you to meet one of our top professional lawyers. After doing so, we will start the legal process to ensure that your child is compensated for their losses. Please fill out our contact form or call our office to schedule a free case evaluation today if your child has suffered any type of injury.
