Can a Parent File a Personal Injury Claim on Behalf of Their Child in South Carolina?
No parent wants to think about the possibility of their child suffering harm. Sadly, the reality is that accidents and injuries involving children can and do happen. Whether due to motor vehicle accidents, slip and fall accidents, pedestrian accidents, or bicycle accidents, children can suffer different types of injuries because of other people’s negligence. When a child gets hurt in an accident, it can be a traumatic and challenging experience for the family. Parents may be overwhelmed with worry about their child’s well-being and future. Moreover, parents may grapple with how to protect their child’s rights and secure compensation for medical expenses, pain and suffering, and more. A parent may wonder if they can file a personal injury claim on behalf of their child. Here’s what parents should know about filing a personal injury claim on behalf of their child in South Carolina.
Understanding South Carolina’s Personal Injury Laws
In South Carolina, personal injury claims are based on the principle of negligence. Negligence arises when someone fails to behave with the level of care a reasonable person would have exercised under similar circumstances. When a person fails to behave with the level of care a reasonable person would have exercised under similar circumstances, they may be held responsible for the resulting harm. Both adults and children who believe another party’s negligence caused their injuries may be entitled to compensation through a personal injury claim.
However, minors cannot make legal decisions or legally file personal injury claims in South Carolina. Therefore, parents may assume the responsibility of filing a personal injury claim on behalf of their children. So, the answer to the question, “Can a parent file a personal injury claim on behalf of their child in South Carolina?” is yes.
Statute of Limitations
South Carolina’s statute of limitations for personal injury claims is generally three years from the date of the injury. However, if the injured party is a minor, the statute of limitations is paused until the child reaches the age of 18, meaning people who suffer injuries as minors have until their 21st birthday to file a personal injury claim. This means that parents can opt to postpone legal action until their child reaches 18 years old when they can independently seek compensation. That said, it is often in the child’s best interest for the parent or guardian to pursue legal action sooner rather than later.
The Role of a Guardian Ad Litem in Personal Injury Cases Involving Children
Sometimes, in personal injury cases involving children in South Carolina, the court appoints a guardian ad litem (GAL). The GAL is an impartial third party whose job is to protect the child’s best interests. They ensure the child’s rights are upheld throughout the personal injury claims process. Among many other things, the GAL considers the facts of the situation and makes a recommendation to the court as to whether the proposed settlement is in the minor’s best interests.
Contact a Charleston Personal Injury Lawyer
Has your child suffered injuries due to another party’s negligence? Contact our Charleston personal injury lawyer at Gus Anastopoulo Law Firm to schedule a consultation.
Source:
scstatehouse.gov/code/t15c003.php
