For Lowcountry Parents of an Injured Child
- Under § 62-5-433, a settlement over $25,000 needs circuit court approval, one of $25,000 or less may go to probate court, and one of $2,500 or less needs no court review.
- A release signed by a parent without the required court approval may not bind the child, so a fast insurer check with no judge involved is a red flag.
- Because a fracture near a growth plate can change how a bone grows, an early settlement has to account for problems that may not appear for years.
- Passing a stopped school bus breaks § 56-5-2770, and a child hurt as a passenger can claim against the at-fault driver’s insurance even when that driver is a relative.
- Water injuries are a constant risk near Lake Moultrie, the Tailrace Canal, and the beaches, and whether a pool was fenced and gated often decides an attractive nuisance case.
When a child is injured by someone else’s negligence, the legal rules change: the deadlines are different, the settlement usually needs a judge’s approval, and the money is protected for the child, not the household. Most parents learn these rules for the first time in the middle of a crisis.
A North Charleston child injury lawyer at Shelly Leeke Law Firm can guide you through them. Our headquarters is at 6060 Rivers Ave, North Charleston, SC 29406, and we have represented injured South Carolinians since 2007, including families in Charleston, Goose Creek, Moncks Corner, and Summerville. To talk through your child’s situation, request a free consultation.
Three Rules Every Parent Should Know
These three rules shape almost every child injury claim in South Carolina.
1. Your child’s deadline is extended — yours is not
A minor’s own injury claim gets extra time: under S.C. Code § 15-3-40, if the deadline would otherwise run out before the child turns 18 or within a year after, the child generally has until one year after their 18th birthday to file.
But the parents’ separate claim for the medical bills they paid runs on the ordinary three-year clock from the injury (§ 15-3-530(5)), and evidence disappears on the adult schedule either way. Medical malpractice claims follow their own, shorter rules. Deadline warning: the parents’ own claim, including a parent’s claim against a public school or other government entity, and a medical malpractice claim can all expire while your child is still young, so do not wait for your child’s 18th birthday to act.
2. A child’s settlement usually must be approved by a court
South Carolina protects minors’ settlements (S.C. Code § 62-5-433), and the level of review depends on the amount:
- Settlements of $2,500 or less can be handled by a parent without court approval.
- Settlements of $25,000 or less can be approved by the probate court or the circuit court.
- Settlements over $25,000 require circuit court approval on a verified petition.
The money is then protected, in a blocked account, a structured settlement, or a conservatorship, until the child turns 18. It cannot be spent on household expenses, and a release a parent signs without the required court approval may not bind the child. If an insurer pushes a fast check without court approval, that is a red flag, not a favor.
3. Children are not judged like adults
South Carolina courts judge a child’s conduct by what a reasonable child of the same age, intelligence, and experience would have done, not by an adult standard. When an insurer argues your six-year-old “darted into the road,” that argument is measured against what a six-year-old can understand, and the driver’s duty to watch for children does not go away.
How Children Get Hurt in the Charleston Metro
Children are hurt in many of the same ways adults are, but the evidence and the law often work differently. These are the cases families bring to us most often.
Car, Pedestrian, and Bike Accidents
Children are hit in crosswalks, near school buses, and as passengers. South Carolina’s child passenger restraint law sets car-seat and booster requirements by age and size (S.C. Code § 56-5-6410 et seq.), and a driver who passes a stopped school bus breaks the law (§ 56-5-2770). If your child was a passenger in a crash, their car accident claim runs against the at-fault driver’s insurance, even if that driver is a family member. The same applies when the other vehicle is a commercial truck or when a child rides as a passenger in a motorcycle crash. Children struck while walking or riding may also have pedestrian or bike accident claims.
School and Daycare Injuries
Schools and daycares stand in loco parentis, in the parents’ place, and owe children supervision and safe premises. Whether you can sue depends on who runs the facility. A private daycare or school is sued like any business, and licensing violations can be strong evidence of negligence.
A public school district is a government entity under the South Carolina Tort Claims Act: damages are capped at $300,000 per person and $600,000 per occurrence (§ 15-78-120(a)), and suit is generally required within two years, extended to three only if a verified claim is properly filed (§ 15-78-110). That section expressly preserves the extra time for minors under § 15-3-40, but the parents’ own claim against the district gets no such extension.
Dog Bites
Children are frequent dog bite victims, and South Carolina is a strict liability state: the owner is liable when a dog bites or attacks a person who is lawfully where they are and did not provoke the dog, with no prior bite required (S.C. Code § 47-3-110). Facial injuries and scarring in children carry damages for future treatment and disfigurement that insurers often undervalue. Learn more about dog bite claims.
Pools, Drownings, and Attractive Nuisance
Property owners can be liable when a dangerous feature that draws children in, such as a pool, trampoline, construction site, or equipment, is left accessible. South Carolina recognizes this through the common-law attractive nuisance doctrine, and whether a pool was fenced and gated is often central to these cases. They are a form of premises liability, as are falls on wet floors, broken stairs, and unsafe playground surfaces, which can support a slip and fall claim. Around Lake Moultrie, the Tailrace Canal, and the beaches, water-related injuries are a constant Lowcountry risk.
Defective Products and Medical Negligence
Dangerous toys, nursery equipment, and recalled products support product liability claims against the manufacturer. Birth injuries and pediatric medical errors support medical malpractice claims, which have their own pre-suit notice and mediation requirements (S.C. Code § 15-79-125) and limits on non-economic damages (§ 15-32-220).
Why a Child’s Injury Is Harder to Value
A child’s body and brain are still developing, so the full effect of an injury may not be known for years. That makes an early settlement risky, because it has to account for problems that have not yet appeared. Doctors’ opinions about future care, and sometimes evaluations by specialists, help put a value on these long-term effects before the claim is resolved.
- Growth: a fracture near a growth plate can affect how a bone grows, sometimes leading to uneven limb length or later surgery.
- Brain development: a traumatic brain injury in a young child may only show up later as trouble with learning, attention, or behavior at school.
- Lifelong care: a spinal cord injury or other catastrophic injury can require decades of treatment, equipment, and support.
- Emotional harm: fear, anxiety, and sleep problems after a crash or attack can affect a child long after the physical wounds heal.
Who Acts for the Child — and Who Gets What
A minor cannot file suit personally. The case is brought by a parent or legal guardian as the child’s representative, and where interests may conflict, the court can appoint a guardian ad litem to protect the child. Two claims typically run together: the child’s claim (pain and suffering, future losses, reduced earning potential, psychological harm) and the parents’ claim (the medical bills they are legally obligated to pay). Keeping the two straight matters, because they have different deadlines and the child’s recovery is court-protected.
Compensation in a Child Injury Case
Depending on the injury, compensation can include:
- All medical costs, past and projected, including care that will be needed into adulthood
- The child’s pain, suffering, psychological distress, and reduced quality of life
- Scarring and disfigurement, including future corrective treatment
- Reduced future earning potential where the injury is lasting
- The parents’ out-of-pocket costs and, where applicable, care they must now provide
Punitive damages require clear and convincing evidence of willful, wanton, or reckless conduct (§ 15-32-520) and are capped in most cases at the greater of three times compensatory damages or $500,000 (§ 15-32-530). If the unthinkable happens and a child dies, the family may bring a wrongful death claim through the estate’s personal representative (§§ 15-51-10, 15-51-20). Under § 15-38-15, a defendant less than 50% at fault pays only its own share, while one at 50% or more can owe full damages. For causes of action arising after January 1, 2026, Act No. 42 of 2025 lets the jury apportion fault to parties not named in the lawsuit.
What to Do After Your Child Is Injured
What you do in the first days protects your child’s health and their claim:
- Get medical care first, and keep every record, bill, and discharge instruction.
- Report the incident, to police for a crash or dog bite and to the school or daycare in writing for a facility injury, and get a copy.
- Photograph injuries, the scene, and anything involved (the dog, the pool gate, the product). Keep the product; do not return it.
- Do not give the insurer a recorded statement or sign anything. A minor’s release signed without required court approval creates problems for everyone involved.
- Write down what happened while it’s fresh, and track your child’s recovery day to day.
- Speak with a child injury attorney early. The parents’ three-year clock, and the two-year deadline on a parent’s claim against a government entity, do not wait for your child to grow up.
Shelly M. Leeke: Protecting Children’s Injury Claims in North Charleston
Families who come to our Rivers Avenue office work directly with Shelly M. Leeke, the firm’s managing partner. Early in her career she represented insurance companies in auto and workers’ compensation defense at Blue Williams, so she knows how an adjuster looks at a claim and why a quick offer to a parent is rarely the full value of a child’s case. After that, she moved to plaintiff work at Morris Bart, and she has represented injured South Carolinians since 2007.
Her training suits cases where a child’s long-term needs have to be explained clearly. She holds a B.S. in Psychology and a B.A. in Government from Wofford College (1999) and earned her J.D., cum laude, from Tulane University Law School in 2002, after which she clerked for the Louisiana Supreme Court.
She is licensed in South Carolina and Louisiana and wrote The South Carolina Accident Book for people facing the claims process. She was a 2017 Forty Under 40 honoree and a Super Lawyers Rising Star, and she belongs to the Charleston County Bar, the Berkeley County Bar, the South Carolina Bar, the South Carolina Association for Justice, and the American Association for Justice.
Areas We Serve
From our North Charleston headquarters, we help families across the Lowcountry. Our service area includes Charleston, North Charleston, Summerville, Goose Creek, Moncks Corner, Hanahan, Ladson, West Ashley, James Island, Daniel Island, and the rest of Dorchester, Berkeley, and Charleston counties. For injuries to adults, see our North Charleston personal injury lawyer page.
Protect Your Child’s Recovery Before Deadlines Pass
Your child gets one recovery, and a court will need to approve it. If your child was hurt in North Charleston or anywhere in the Charleston metro, call our Rivers Avenue headquarters at (843) 604-3273 and we will explain which deadlines apply to your family.
Child Injury FAQ
Can we use the settlement money for rent or household bills?
No. A minor’s settlement is protected for the child, typically in a blocked account, structured settlement, or conservatorship until age 18. The parents’ recovery of medical expenses they paid is theirs; the child’s portion stays with the child.
The insurance company says my child caused the accident. Can they do that?
They can try, but a child is judged by what a reasonable child of the same age and experience would do, not by an adult standard. Drivers and property owners must also anticipate that children may act unpredictably around them.
My child was hurt at a public school. Can we sue?
Often yes, under the South Carolina Tort Claims Act, which caps damages and usually sets a two-year deadline, though your child’s own claim keeps the extra time for minors. Report the injury to the school in writing immediately.
How long do we have to file?
Your child’s own claim generally runs until one year after their 18th birthday, but the parents’ claim runs three years from the injury, and government claims usually two. Evidence disappears fast, so treat the shortest deadline as yours.
