Filing Injury Claims for Children in South Carolina

When a child is injured because of someone else’s negligence, the emotional toll on a parent can be overwhelming, and the legal issues can quickly become complex. In South Carolina and across the country, minors do not have the legal capacity to make legal decisions or file personal injury claims on their own.

Their parents, however, can do so on their behalf, or the injured child can wait until they are at least 18 years old to file their own claim. Ultimately, things work a bit differently when the victim of an at-fault party’s negligence is a child. Discuss your claim with one of our experienced Conway personal injury attorneys at L. Morgan Martin today.

Filing a Claim on Your Child’s Behalf

Filing a claim sooner rather than later is generally the best option if your child has been injured because of another person or entity’s negligence. This means that filing a claim on your child’s behalf is very likely to prove advantageous for all the following reasons:

• The sooner you begin working with a trusted personal injury lawyer, the more likely it is that you’ll have solid evidence to back up your child’s claim. Evidence can deteriorate, go missing, or become irrelevant over time.
• The compensation received in an early personal injury claim can help cover your child’s related physical, medical, and emotional needs in the present.
• You can include a parental claim for the expenses you incurred in relation to your child’s injuries. Examples include lost wages, out-of-pocket medical expenses, and the cost of therapy to cope with the emotional ordeal.

When it comes to a personal injury claim, taking prompt action can make a big difference in its outcome, which, in turn, can make a big difference in your child’s recovery.

Tolling the Statute of Limitations for Minors

In South Carolina, a three-year statute of limitations applies to most personal injury claims. This means a claimant has just three years to file a lawsuit against the negligent party who left them injured.

When, however, the victim is a child, this three-year statute of limitations is tolled until they reach the age of 18. At this point, the three-year limit applies, which means your child has until they turn 21 to file their own personal injury claim. As mentioned, however, it’s generally advisable for parents to file on behalf of their children early on.

Our Experienced Conway Personal Injury Attorneys Are on Your Side

Our compassionate Conway personal injury attorneys at L. Morgan Martin appreciate how emotionally challenging claims involving children are, and we are committed to sparing no effort on your child’s behalf. Obtaining just compensation can help your injured child reach their fullest recovery, and we’re committed to doing everything we can toward that end. For more information, please don’t delay contacting us online or giving our firm a call at 843-248-3177 today.