Key Highlights:
- A Greenville child injury lawyer at Shelly Leeke Law Firm manages every phase of your claim, fighting for maximum compensation while protecting your family from aggressive insurance adjusters.
- We move quickly to subpoena local daycare surveillance footage, secure Greenville County Schools incident reports, gather witness statements, and obtain medical records.
- Our team handles complicated statutory requirements, including minor settlement approvals under S.C. Code § 62-5-433 and child fault protections like the “Rule of Sevens.”
- We operate on a contingency fee basis per South Carolina Judicial Branch Rule 1.5, meaning you pay zero legal fees unless we win compensation for your child.
Hiring a Greenville child injury lawyer empowers you to hold those who hurt your child accountable. No matter the cause of the injuries or who you believe is at fault, contact our legal team at Shelly Leeke Law Firm for immediate help.
Do not let anyone get away with hurting your child when a Greenville personal injury lawyer with more than a decade of experience can assist with your case.
Call Shelly Leeke Law Firm today at (864) 383-3531 or complete our online contact form to schedule your free, confidential case evaluation.
Hiring an Attorney Provides Insight and Clarity
Children who suffer critical injuries could have their lives permanently affected in more ways than one. If someone else is responsible for causing their injuries, that liable party should be ordered to cover the costs and ensure your child has access to the compensation they need to deal with the implications of their injuries for the rest of their lives. Let our child injury attorney in Greenville offer help.
You may not be sure you need an attorney yet. The sooner you involve our team, the sooner you can get the guidance you need. We encourage you to contact us for a free, no-obligation consultation to discuss your case now.
A compassionate Greenville personal injury lawyer at Shelly Leeke Law Firm is here to help you make the liable party pay. Reach out to our team for a free consultation today to learn more about what legal options may be available to you and your family. Put our team to work on your needs.
Common Accidents that Cause Child Injuries in Greenville
Childhood injuries happen in many settings, but third-party negligence is often the underlying cause. A Greenville child injury lawyer at Shelly Leeke Law Firm will thoroughly investigate the scene, secure incident logs, and analyze how your child’s harm occurred to hold every liable party accountable.
Motor Vehicle and Pedestrian Collisions
Heavy traffic along Greenville’s busiest corridors, including Woodruff Road, Laurens Road, Haywood Road, and Augusta Street, presents significant hazards for young car passengers, bicyclists, and pedestrians, especially around school zones and residential neighborhoods.
School and Daycare Accidents
Children spend significant time under the care of outside administrators and caretakers. Common accidents in school and daycare facilities throughout Greenville County Schools include:
- Playground and Recess Falls: Unsafe structures, broken equipment, or inadequate adult supervision (a frequent driver of common accidents at school grade 2 students experience).
- Sports and Physical Education Injuries: Unmonitored activities or lack of required protective gear.
- Slips, Trips, and Falls: Wet floors, unmaintained stairwells, or cluttered pathways in hallways and cafeterias.
- School Bus Collisions: Distracted bus drivers or reckless motorists failing to stop at designated loading zones (frequent school accidents).
Understanding the primary causes of accidents at school helps identify four types of school accident scenarios where staff negligence or poor facility maintenance plays a direct role in creating common accidents at school.
Premises Liability and Property Hazards
Negligent property owners regularly fail to secure dangerous conditions. Common local hazards include unfenced swimming pools, unmaintained trampolines, slip-and-fall hazards at local businesses, and dog bites on private properties across Greenville County.
What Steps Should You Take After Your Child Is Injured in Greenville?
Taking immediate action after an accident protects your child’s health and preserves critical legal rights for your claim:
- Seek Immediate Medical Attention: Have your child evaluated right away at local facilities like Prisma Health Children’s Hospital or a pediatric emergency room. Immediate care prioritizes well-being while establishing detailed medical records.
- Report the Incident to Authorities: Request an official written incident report from local law enforcement (Greenville Police Department or Greenville County Sheriff’s Office) for traffic collisions or from school administrators and daycare directors for incidents on public or private property.
- Preserve Vital Evidence: Take photos of visible injuries, hazardous scene conditions, and damaged property (clothing, bicycles, or defective equipment). Collect contact details from eyewitnesses before they leave.
- Consult an Attorney Before Signing Anything: Do not provide recorded statements or sign insurance settlement releases without legal representation. A Greenville child injury lawyer will handle insurance adjusters and protect your claim from day one.
How to Get Justice for Your Child
Your child was hurt, and you are angry and worried about what is to come. In these situations, you need a legal team by your side as soon as possible. Let us help you today.
Your child injury attorney in Greenville SC, will need to thoroughly review the details of your case to determine how to best approach your claim. There are multiple ways you may be able to demand justice when someone else is responsible for harming your child. However, generally, there are two options, and these include filing an insurance claim and bringing your case to court.
Every situation is vastly different, and there is no one way that is best for every situation. Our child injury lawyer in Greenville can guide you during that first free consultation to determine which option is best for your needs. We encourage you to reach out today for more insight.
File an Insurance Claim
Filing a claim with the insurance company is one of the top ways to recover compensation when your child has suffered injuries. No matter what type of accident your child was involved in, the liable party is more than likely represented by some type of insurance coverage. Our child injury attorneys in Greenville can help you with this process.
If your child was involved in a car accident, the liable party likely has automobile insurance coverage, or if your child was involved in an accident at daycare, the daycare facility likely has general liability insurance coverage. These are just a few examples. You can also file a claim with your own insurance company to cover some of these costs, but doing so could dramatically increase the amount you are required to pay in premiums when it is time for your policy to be renewed.
For this reason, filing a claim with your insurer may not be in your best interests. You can discuss your options for insurance claims further when you discuss the details of your case with our child injury attorneys at Shelly Leeke Law Firm. You can easily contact our Greenville child injury attorney for immediate insight into whether this is your best option.
Bring Your Case to Court
There are many reasons why you might find yourself bringing your child’s injury case to court. Filing a personal injury lawsuit may be a good option if the liable party does not have insurance coverage. You might also pursue a child injury lawsuit when the insurance coverage does not sufficiently meet your needs.
You should not be stuck dealing with any of the expenses related to your child’s injuries. The liable party should pay every single cost. Filing a lawsuit allows you to seek compensation for the economic and non-economic damages your child and your family have sustained due to the liable party’s negligent actions.
Our child injury lawyer in Greenville has no problem taking responsible parties to court when they cause others injuries and losses. If you think this is the best route, reach out to us. Let our attorneys offer insight to help guide you.
Calculating the Value of Your Child’s Damages
No dollar amount can make up for the pain your child suffered. When someone else causes their injuries, you want them to pay for all damages and costs incurred. That is what our Greenville child injury attorneys will do.
We take the time to gather all of the data so that we can formulate a very accurate and comprehensive claim. Our goal is to back up any claim we make with valuable information so you can feel protected. We also listen to your concerns and work with you throughout this process.
Our child injury lawyers will need to carefully review how your child’s life has been and may continue to be affected by their injuries and the accident that caused them. This way, we can accurately calculate the value of your child’s injury claim. There are a wide variety of damages that may be recoverable.
Reduced Quality of Life
Your child’s injuries may be so impactful that they significantly affect your child’s quality of life. Perhaps your child can no longer walk, run, feed themselves, get dressed, or complete other daily activities. This is something that should be taken into consideration as your attorney calculates the value of your child’s injury claim.
Diminished Earning Capacity
Your child’s injuries may also significantly limit their future opportunities for earning a living. This loss of future potential earnings could have a substantial impact on your child’s life as the years go on. This is something you may need to be compensated for in your case.
Pain and Suffering
Your child may experience significant pain and suffering, including embarrassment, shame, fear, post-traumatic stress disorder (PTSD), and other psychological harm from their injuries. Your family will need compensation to cover the costs of mental health counseling and group therapy. You need to be able to ensure your child is paid restitution for the trauma of the experience.
How Are Minor Injury Settlements Protected in Greenville County?
When an injured child receives financial compensation, South Carolina law strictly regulates how those funds are approved and managed to safeguard the minor’s financial future. Under S.C. Code § 62-5-433, personal injury settlements for minors cannot be paid directly to parents as a lump sum. Instead, specific court approval thresholds apply based on the net settlement amount awarded:
- Settlements Under $2,500: Parents or legal guardians may finalize the settlement directly without formal court intervention.
- Settlements Between $2,500 and $25,000: Require formal minor settlement approval from either the Greenville County Probate Court or the Circuit Court.
- Net Settlements Over $25,000: Must be reviewed and approved by a Circuit Court judge in the Greenville County 13th Judicial Circuit Court through a verified petition and formal court hearing.
Financial Protections Until Age 18
To prevent financial misuse, Greenville County courts require approved funds to be placed into secure financial structures:
- Structured Settlement Annuities: Funds grow tax-free and disburse scheduled payments directly to the child once they turn 18 or reach milestones (e.g., payouts at ages 18, 21, and 25).
- Blocked Bank Accounts: Funds are held in restricted, court-approved accounts that nobody can access without a specific judicial order prior to the child turning 18.
- Court-Appointed Conservatorship: For complicated or large settlements, the Greenville County Probate Court appoints a Conservator who manages the assets under strict annual judicial reporting.
A Greenville child injury lawyer at Shelly Leeke Law Firm will represent your family during minor settlement approval hearings and secure the right structure for your child’s long-term needs.
Important Deadlines for Greenville Child Injury Lawsuits
Understanding South Carolina’s statutory deadlines is vital after an accident, as a minor’s case involves two separate legal timelines:
- The Child’s Claim: Under S.C. Code § 15-3-40, the minor’s personal claim for pain and trauma is “tolled” (paused) until age 18, giving them until their 21st birthday to file.
- The Parent’s Claim: The parent’s claim for medical bill reimbursement is not tolled. Parents must file within the standard three-year deadline (S.C. Code § 15-3-530) from the injury date.
Because medical bills accumulate immediately and vital evidence disappears fast, delaying legal action can cost your family. A Greenville child injury lawyer at Shelly Leeke Law Firm will protect your three-year medical claim window while securing critical evidence for your child’s future.
Important Note: Legal deadlines can vary significantly depending on the specific facts of your case, and exceptions may apply (such as shorter notice periods for government entities). Contact a personal injury attorney immediately to evaluate your specific deadlines.
Why Choose Shelly Leeke Law Firm for Your Child’s Injury Claim
When your child suffers harm, founder Shelly Leeke and our legal team provide compassionate support while aggressively fighting for maximum compensation.
- Child Injury Focus: In-depth experience in handling South Carolina minor injury statutes, court approval thresholds under S.C. Code § 62-5-433, and protective fault rules like the “Rule of Sevens.”
- Rapid Evidence Protection: Attorney Shelly Leeke acts quickly to subpoena daycare surveillance footage, secure school incident logs, and preserve key witness testimony.
- Aggressive Representation: We shield your family from aggressive insurance adjusters attempting to blame your child or minimize long-term recovery payouts.
- No Win, No Fee Guarantee: We handle cases on a contingency fee basis under South Carolina Judicial Branch Rule 1.5, meaning you pay zero legal fees unless we win compensation for your child.
Contact a Child Injury Attorney in Greenville for Help Today
When children suffer injuries, these injuries could permanently alter the course of that child’s life, and it is important to consider these factors when calculating your claim’s value.
If you hope to ensure the liable party covers every single cost, make sure to contact an aggressive Greenville child injury lawyer at Shelly Leeke Law Firm for help.
Call Shelly Leeke Law Firm today at (864) 383-3531 or complete our secure online contact form to schedule your free, no-obligation case evaluation.
FAQs: Greenville Child Injury Lawyer!
How does the South Carolina Tort Claims Act affect my child’s claim if they were injured at a public school?
Claims involving public schools fall under the South Carolina Tort Claims Act. This statute imposes strict liability limits and significantly shortens the filing deadline to just two years, compared to the standard three-year timeline for private claims.
Can I recover compensation for my own lost wages if I had to miss work to care for my injured child?
Yes. Parents can include lost wages in their secondary claim if taking time off work was necessary to provide essential care, attend medical appointments, or assist with their child’s recovery following a severe injury.
What happens if my child was injured while playing on a sports team or at school after I signed a liability waiver?
Liability waivers generally protect organizations from ordinary negligence, but they rarely cover gross negligence or intentional harm. If school staff failed to provide basic safety oversight, you can still pursue legal action despite signing a release.
Will my child’s injury settlement money be taxed by the state or federal government?
Under IRS guidelines, personal injury settlements awarded for physical injuries or physical sickness are strictly tax-exempt at both federal and state levels. However, any interest earned on those funds over time may be taxable.
Who is legally responsible if my child was injured by another child at school or daycare?
While minors are rarely sued directly, the facility can be held liable if inadequate supervision allowed the incident to occur. Parents of the child who caused harm may also be held responsible under specific South Carolina parental liability laws.
