Tragedies that may include car accidents, slips and falls, dog bites, or assaults could lead to serious and potentially fatal injuries. If a child is hurt or killed by negligent or criminal behavior, their parents or guardians have the right to demand compensation from those responsible.
A Charleston child injury and death lawyer could help you pursue at-fault defendants for compensation in the wake of an injurious or fatal accident involving your child. Following such a tragedy, you and your dedicated personal injury attorney could demand payment for outstanding medical bills, lost future wages, loss of consortium, and more.
Negligence in Child Injury Claims
Children face many of the same hazards as adults. When children walk down the street, ride in cars or on bicycles, or enter a store, their safety may be in the hands of others. When other people fail to take appropriate measures to ensure the wellbeing of a child, parents and guardians could hold these negligent people liable for their child’s injuries.
Negligence, or the failure to act in a way that reasonably protects others, could apply to car accidents, slips and falls, pet attacks and a variety of other situations. Even in the case of true accidents, potential defendants may still be liable for the harm they caused. A dedicated child injury lawyer in Charleston could help a parent seek compensation on behalf of their injured child by demonstrating negligence and helping to provide evidence of harm.
If a negligent action leads to death, the same legal basis for filing a lawsuit applies. When handling cases relating to the injury or death of a child, a plaintiff’s personal injury lawyer must simply demonstrate negligence to the court, since the inflicted harm may be all too clear in such cases.
Pursuing Claims in South Carolina
While children are afforded many protections under the law, they are not able to pursue legal cases on their own. Injured children must rely on their parents or guardians to bring a civil claim on their behalf. The damages awarded in these claims are then held in trust until the harmed child comes of age. This could help to ensure damages provide for the injured child’s losses.
If negligence causes the death of a child, an appointed administrator may file a civil lawsuit for the benefit of a surviving parent, as per South Carolina Code §15-51-20. The surviving guardian could then seek damages such as the loss of companionship and mental anguish. Since there is no limit to the level of damages a jury could award, families may wish to consult a child injury attorney to evaluate harm sustained and see what may be recoverable in their child injury and death cases.
Contact a Charleston Child Injury and Death Attorney
Moving on with life after a child suffers harm in a preventable accident could be extremely challenging. It may be possible to hold negligent individuals responsible and demand they provide compensation if their actions harm others. A lawsuit alleging harm to a child could seek restitution for medical bills, pain and suffering, and—if applicable—compensation for the losses suffered by the parents.
A Charleston child injury and death lawyer could help you fight on behalf of your injured child for the compensation they need to heal. A dedicated attorney could work on your behalf to diligently investigate the circumstances that led to an injury, gather crucial evidence, and hold defendants responsible for their actions. If your child was harmed by someone else’s carelessness, do not hesitate to schedule a consultation and discuss any potential claims with compassionate legal counsel.