Charleston Child Injury Lawyer
If your child was injured, you may be worried how to get the funds needed to help them recover from their injuries. Your Charleston child injury attorney can answer your questions and help you seek compensation.
Protecting your child is a big part of your responsibilities as a parent or guardian, but it’s not always easy or possible. Accidents can unexpectedly occur, and other people, even those you once trusted, could hurt your child, intentionally or otherwise. South Carolina empowers you to file an injury claim on your child’s behalf.
However, seeking compensation for a child is not always easy. You may need help from a lawyer at HawkLaw. We understand the laws surrounding a child injury claim, and we’ll work diligently to seek justice for your family. Many HawkLaw attorneys have children of their own and can handle your case from the perspective of being a parent. Call our Charleston office today to schedule a free consultation* to begin your child’s injury case.
Common Types of Injury for Children in Charleston
Injuries to children can come from virtually anywhere. Still, if your child does get injured in South Carolina, it is likely one of the following types of injuries.
Spinal Cord Injuries
Spinal cord injuries can occur when a child suffers a personal injury to their back, which can be quite severe. As the central pathway for the body’s nervous system, an injury to the spinal cord could lead to debilitating effects such as paralysis and other severe injuries.
Traumatic Brain Injury
A traumatic brain injury goes far beyond a superficial head injury, as it could have serious consequences for the rest of your child’s life. Fortunately, not all TBIs are so severe, but they all necessitate immediate medical care. However, some of the more severe cases of personal injury to the brain can even lead to wrongful death.
Cuts and Bruises
Often seen as a right of passage for more active children, cuts and bruises are widespread. While these personal injuries can be somewhat dangerous on their own, the real danger comes with the risk of infection. This is especially true for injuries like dog bites or any kind of animal bite or sting.
Sudden impacts can cause broken or fractured bones, and they most commonly occur in the arms since it is reflexive for people to use their arms to break a fall. While children’s bones tend to heal well in a cast, there still are some injuries that could limit future bone growth for injury victims.
Drowning is common in South Carolina — children who do not adequately know how to keep themselves safe around bodies of water are at risk. Toddlers most commonly drown in swimming pools and other water features, while infants most often drown in bathtubs.
What Are Some of the Causes of Child Injury in Charleston, South Carolina?
Child injuries stem from various sources in South Carolina, so you must be wary of quite a bit. Here are a few of the most common causes of a child’s injury.
Playgrounds can be popular locations for creating great memories, but they can also be the source of personal injuries like falls or broken bones. A lot of work typically goes into making playground equipment as safe as possible in South Carolina, but injuries can still happen at any place where children are more concerned with having fun than anything else.
Running Across the Street
Looking both ways before crossing the street is one of the most important lessons any parent can impart to their child. When kids are not careful, running across the street could get them involved in a motor vehicle accident that subsequently leads to serious injuries for accident victims, especially in cases of truck accidents.
Negligence of Caregiver
A major aspect of acting as a caregiver for a child is preventing them from hurting themselves. By failing to meet this expectation, a caregiver like a teacher or daycare worker can be negligent and injure the child indirectly. This can include accidents such as drinking chemicals, electrocution through power outlets, and falls from balconies or down staircases. Even being a passenger in a car crash can qualify as an accident caused by negligence of the at-fault party.
Defective products and toys can be much more dangerous than simply threatening a child’s opportunity for fun. These kinds of toys can cause some serious injuries as well, depending on the extent of the defect. Pursuing a case against a toy manufacturer will typically go better with help from a Charleston child injury lawyer.
Poisoning can occur in children from a variety of different sources, but it is most often due to them ingesting something they should not. Depending on the nature of the poison, this kind of injury can range from mildly upsetting to fatal. A Charleston child injury attorney can help you navigate the aftermath.
Who Can Sue for a Child Injury in Charleston?
When your child is injured in Charleston, South Carolina, determining the liable party is one of the more challenging parts of the recovery process. Depending on your child’s age, they could be held partly responsible for the injuries, such as in a car accident. Still, in many cases, the liable party is an adult who was careless with the child’s safety.
For example, let’s say your child was playing with a toy, but a broken mechanism injured them. If the toy was defective, the manufacturer may be held responsible for your child’s injuries.
If you are unsure who is accountable for your child’s injuries, a South Carolina child injury lawyer can help you seek compensation from the right party.
What Happens If My Child is Hurt on Public Property in Charleston?
Public property is expected to be maintained to a reasonable level of safety as a form of premises liability, so you may have a case if your child was injured on a public playground that fell apart due to poor maintenance in South Carolina.
If you decide to pursue a claim against a public entity, though, that will put you up against a municipality or state government. Those entities will have experienced lawyers on their side, so it is recommended that you get your own legal help, like a personal injury lawyer who has worked with child injuries before. Remember, government lawyers can be just as tough to deal with as lawyers who work for an insurance company, so you will want a Charleston child injury lawyer on your side.
Can I Sue a Charleston, South Carolina School for My Child’s Injury?
Given how much time children spend in school, schools must provide a safe environment. If that expectation is violated, you can sue the school for your child’s personal injury to cover medical expenses and more. Several factors play into how exactly this kind of case will progress, such as whether or not your child attends a public or private school or whether the injury was accidental or intentional.
Negligence on the part of school staff can take on many different forms. Your child could be injured from the failure of a school bus driver or the people responsible for seeing that the bus is properly maintained. Kids also may suffer a personal injury on a school playground if they are not properly supervised or the equipment is poorly maintained. Food poisoning can happen in cafeterias that do not practice safe food prep and storage, while falls can happen in slippery walkways. You may even have a case if your child is injured in a natural disaster for which the school was unprepared. You will just need help from an accident attorney.
What to Do If a Teacher Hits Your Child?
If a teacher hits your child in school, they most likely can be held responsible for violating their duty to protect your children. While certain jurisdictions still allow for physical force in instances of self-defense or defense of others, most scenarios outright prohibit teachers from using physical force against students. If this does occur to your child, your legal options may include suing the teacher individually or potentially the school system with help from a Charleston personal injury attorney with child injuries as one of their practice areas. Our Charleston child injury attorneys are happy to help you and your child.
Can You Be Sued If Your Child Hurts Another Child at School?
If your child hurts another child at school, you can only typically be sued if the injury was caused intentionally. This is called malicious or wilful harm. Even in these cases, however, South Carolina law limits damages with a cap of $5,000. Additionally, the only damages you can be sued for in these cases are economic damages, which are damages that can be easily calculated, such as medical bills and property damage. A Charleston child injury attorney can help calculate damages.
Can My Child Still Attend School After Sustaining a Major Injury?
Yes, your child can attend school in Charleston after sustaining a major injury. In fact, they must be permitted to attend school according to section 504 of South Carolina law. Schools cannot legally discriminate against anyone with a disability if they are receiving federal money. That qualifier will apply to every public school and even several private institutions throughout the state. A Charleston child injury lawyer can help if a school violates this law.
Compensation for a Charleston, SC Child Injury
Fortunately, your child is due compensation for all their losses, no matter their age. Although they’re not old enough to sue, you and your Charleston child injury lawyer can serve as their legal representative.
Just like a typical personal injury claim, you can receive compensation for both financial and non-financial damages caused by the accident. These damages should cover not just the economic impact of your child’s injury but also the emotional and psychological effects of an injury.
For example, your child may have suffered from serious injuries that call for long-term care. They may even need rehabilitation or household accommodations, such as wheelchair ramps or handrails.
The emotional toll can be just as high. Your child is young, and they may be affected for the rest of their life because of the trauma, pain, and suffering they experienced. Talk to your child injury lawyer in Charleston about your options to help your child through this difficult time.
Talk to a Charleston Child Injury Attorney
If your child has been injured by someone else’s carelessness, you and your child aren’t out of options just because your child isn’t old enough to sue. Your child, however, will need help to overcome their suffering.
That’s where a lawyer from HawkLaw can help you. Your child is vulnerable and suffering, and you need someone on your side who understands what you’re going through. We can get you and your child started with a free consultation*, during which we can discuss your options and how we can assist.
When you’re ready to speak to a Charleston child injury lawyer, reach out by calling 1-888-HAWK-LAW or by filling out the online form below.
When You Trusted Someone to Watch Your Child and They Didn’t. Call Us.
Leaving your child, likely the most important loved one in the world, in the care of another requires a great deal of trust. That is why it is so important for school staff to provide exceptional care to all children under their supervision. If they egregiously violate that trust, they should be held responsible.
Child injuries can be terrifying to experience as a parent, but our South Carolina law firm, with its team of skilled Charleston personal injury lawyers, can help you take the proper steps toward legal action in child injury cases in Charleston, Columbia, North Charleston, Mt. Pleasant, and beyond. Get in touch with our team today to begin with legal advice from a free consultation* and free case evaluation*.