What Parents Should Know about Filing Injury Claims for Children
If another person or entity’s negligence causes your child to be injured, filing a personal injury claim on their behalf may be the surest means of supporting their most complete recovery. If this is the situation you find yourself in, it’s a painful experience for you and your child, and it can lead to uncertainty regarding what comes next. One of the most important early steps you can take is reaching out for the skilled legal guidance of our experienced Charleston personal injury attorneys at John Price Law Firm, LLC.
Children Don’t Have the Legal Standing to File Their Own Claims
Like other states, South Carolina does not grant minors the legal capacity to file their own personal injury claims. As a result, you can file a claim on behalf of your child in the aftermath of an accident that was caused by another party’s negligence. Alternatively, your child can file their own claim when they reach the age of 18.
Generally, taking prompt legal action is considered the more legally sound approach. Doing so helps to ensure that the claim will be strong and that your child will receive the compensation they deserve.
The Statute of Limitations Is More Complicated for Cases Involving Children
In South Carolina, the time limit, called the statute of limitations, for filing a personal injury lawsuit against the at-fault party is just three years. This same time limit applies if you file a claim on behalf of your injured child.
If, on the other hand, you delay filing a claim and, instead, your child files when they come of age, the statute of limitations will be triggered by their 18th birthday. At this point, they have three years, or until their 21st birthday, to file a lawsuit against the person or entity whose negligence caused them to be injured.
When Waiting to File May Be Advised
The preferred legal approach when it comes to personal injury claims is to file sooner rather than later. There are, however, circumstances when it may be advisable for your child to wait until they reach adulthood to file.
A prime example is if you, as the parent, failed to file within the three-year statute of limitations. If your child was injured by another party’s negligence, focusing solely on their recovery in the following years is completely understandable. And if you missed the filing deadline, having another option available can help.
There is another instance when waiting may also be advised. The full scope of your child’s accident-related physical, financial, and emotional losses may not be well established at the three-year mark. At the point that your child reaches adulthood, however, the issue of how much compensation they are entitled to may be much clearer.
Filing the Personal Injury Claim on Your Child’s Behalf
If feasible, you’re advised to file a personal injury claim on behalf of your injured child, which comes with all the following benefits:
- Having more robust evidence to back up the claim
- Receiving fair compensation when it’s likely to do the most good
- Covering damages related to the need for future medical care
- Covering the financial impact you experience as the parent of an injured child
Our Experienced Charleston Personal Injury Lawyers Are Standing By to Help
Our trusted Charleston personal attorneys at John Price Law Firm, LLC, appreciate the gravity of your situation and will spare no effort in our focused pursuit of a claim resolution that supports your child’s fullest recovery. Learn more by contacting us online or giving us a call at 843-552-6011 today.