Every parent worries about the safety and happiness of their children. You have our sympathies if your kid was hurt because of someone else’s carelessness, and we know how strongly you want the responsible party to pay for their actions. The law in South Carolina shields kids from adult wrongdoing.
The well-being and protection of children is everyone’s responsibility. There is a legal course of action for the families whose children have been gravely damaged due to the negligence of others. Our Charleston personal injury lawyer can assist you in seeking the maximum compensation to cover your child’s future medical expenses and other needs.
Determining Fault in a Charleston Child Injury Accident
The legal concept of “in loco parentis,” which means “in the place of a parent,” ensures that children are safe when their parents give them to someone else to care for. This means that a teacher or childcare worker must take on some of the duties of a parent when it comes to watching over a child.
South Carolina law states that a child’s parents can go to court if they get hurt while caring for someone other than their parents. If an adult supposed to protect the child was careless or didn’t care about the child’s safety, that adult could be held responsible. So, can you sue in case your child was hurt in school?
Can You Sue If Your Child Was Injured at School?
Students spend most of their hours in educational settings from kindergarten through high school. Therefore, it should be no surprise that most injuries happen in the classroom. Parents often wonder about their rights when a child suffers an injury at school.
Depending on the specifics of the incident, the response might range widely. Liability may also vary depending on whether or not the injury was deliberate vs. accidental. To have legal standing to sue a school, you would often need to show that the school or one of its employees was negligent.
Possible Causes of School or Staff Carelessness Include:
- Unsafe bus driving and poor maintenance are major causes of school bus accidents.
- Unsupervised play or faulty equipment may lead to serious injuries on the playground.
- Cases of food poisoning resulting from improper food storage, or preparation
- Faulty railings or unmanaged, slick paths.
- Risk of asbestos exposure in still-open older schools
- Damage from natural catastrophes like tornadoes may have been avoided with better preparation
The next step of filing a lawsuit is understanding who can file a claim in case of child injury in Charleston, South Carolina.
Who Can File a Child Injury Claim in Charleston?
For minors injured in South Carolina, a parent or legal guardian may pursue compensation on the child’s behalf if a parent or guardian is handling the expenses for their child’s medical care after an accident.
They have the right to sue the person to blame for financial compensation. Our injury attorneys can help you obtain the financial compensation you and your family need after a traumatic accident and extensive medical bills.
You can rely on the lawyers at Shelly Leeke Law to offer compassionate and reliable legal counsel. The claim and lawsuit process in Charleston can be complex, so having legal counsel to help you with the process can help your case.
Claim And Lawsuit Process In A Child Injury Case
From investigating the accident to scheduling medical visits to assess your kid’s injuries and negotiating with insurance companies, the proceedings surrounding a child injury claim may be lengthy.
As your child injury lawyer, we will thoroughly investigate the facts of your claim and file a potential lawsuit. We’ll collect evidence to show that the other party’s carelessness caused the accident and hurt your kid. We will also handle negotiations with the insurance provider.
Handling Negotiations with the Insurance Companies
When filing a claim for compensation after your child was hurt in Charleston, you may expect to face the negligent party whose actions caused your child’s damage and their insurance company.
Before you even have the time to consider filing a claim for damages, insurance firms will likely approach you after an accident. If this happens to you, you have the right to refuse to answer any questions until you have spoken with an attorney.
If the insurance company calls you immediately, they may try to get you to talk to them before you can talk to a lawyer. Their motives are to persuade you to take the minimum settlement they offer. If you sign an agreement and then find out that the money they gave you isn’t enough to cover your costs, you have no way to file a lawsuit against the at-fault party.
Most parents aren’t mentally or emotionally able to cope with an aggressive insurance company. But if your kid is hurt or killed because of someone else’s carelessness, you need an attorney to battle for the compensation you deserve for the unjust act of negligence.
The Case of Wrongful Death Due To Negligence
Please accept our sincere condolences if you are grieving the loss of your child. You have the right to seek justice. In the aftermath of a child’s demise, a parent may lose time from work and incur additional costs due to the accident and hospitalization.
Our compassionate wrongful death lawyers in Charleston can handle your case with utmost care. We can essentially save you and your family from the burden of navigating the legalities of a personal injury claim.
Contact Our Charleston Child Injury Lawyers Today
The circumstances surrounding every kid’s injury or accident are unique. Determining who is responsible for your child’s injury may be difficult, but not for our Charleston child injury lawyers.
We’ll conduct a thorough investigation of the event, piece together key data, and relieve you of the burden of the legal procedure so you can concentrate on adapting to your new normal.
For a no-obligation consultation, please contact us. In the end, resolving a Charleston child injury claim will take time.