What if My Child is Injured in a Car Accident?

Was your child hurt in a car accident? You have the right to bring a claim to seek justice and compensation on their behalf and on behalf of your family. Navigating a child injury car crash claim can be especially challenging. A proactive approach is a must. Within this article, our Florence car accident lawyer provides a guide to child injury claims in South Carolina.

A Child’s Injury in a Crash is Difficult for Parents

When a child is injured in a car crash, parents are forced to deal with medical decisions, emotional stress, and financial uncertainty. South Carolina law allows parents and legal guardians to step in and take legal action on the child’s behalf. If another driver was at fault, you can pursue compensation to cover medical care, long-term needs, and the full impact of the injury. A child cannot file a personal injury lawsuit. Instead, a parent or guardian must bring the claim.

Takeaway: You can represent your child in all legal proceedings, including insurance claims.

Statute of Limitations Deadline (Extended for Minors)

Car accident claims are time-sensitive. South Carolina’s standard statute of limitations for personal injury cases is three years from the date of the accident. However, when the injured person is a minor, the law extends the deadline. The clock does not start until the child turns 18. In other words, your family has additional time to bring a claim. Still, there is no reason to wait to take legal action. Consult with a South Carolina car accident lawyer right away after your child’s crash.

South Carolina Law Requires Court Approval for Personal Injury Settlements for Minors

When a child receives a personal injury settlement, the court may review and approve the terms. If the settlement is substantial, the court can require the funds to be placed in a restricted account or appoint a conservator to manage the money. Under South Carolina law (South Carolina Code § 62-5-433), court approval for a car accident settlement on behalf of a minor is required if the net recovery for the family is more than $2,500. Net settlements under $2,500 do not require any court approval. If the amount exceeds $25,000, a conservator will need to be appointed by the court in order to represent the best interests of the child. To be clear, a parent can be appointed as the conservator of a minor’s personal injury settlement in South Carolina.

Speak to a South Carolina Auto Accident Lawyer Today

At The Law Office of D. Craig Brown, LLC, our Florence car accident lawyer is standing by, ready to protect your child’s rights. If your kid was hurt in a motor vehicle collision, we can help. Give us a call now or contact us online to arrange your free case review. With an office in Florence and an office in Orangeburg, we handle car crash injury claims throughout the area in South Carolina.