Child injury legal actions involve minors who sustain severe injuries because of someone else’s careless actions. Their parents or guardians have legal rights and may seek monetary damages to hold the responsible party financially accountable with help from a seasoned personal injury attorney.
While no payout can fix or reverse what happened, it can ensure your child receives the quality medical care they need and cover other costs and expenses related to the incident. Call a Goose Creek child injury lawyer today to schedule a consultation and learn more.
Common Causes of Legal Action
Legal action in child injury cases to collect a settlement from the at-fault party can happen for many reasons, and some of the most common include the following:
- Vehicle collisions of all types, including car, bus, and bicycle accidents
- Pedestrian accidents
- Premises liability cases, including swimming pool, fall, and elevator accidents causing harm to minors
- Defective products like furniture, toys, food, and clothing
- Medical malpractice
- Dog bites and attacks
- Severe burns
- Playground accidents involving negligent supervision
- Daycare or school
The purpose of the claim is to cover current and future medical expenses, pain, suffering, and the trauma and emotional distress the minor suffers because of reckless or careless actions. Personal injury laws are complex, and the cases often require overcoming roadblocks.
Lawsuits involving child injuries have additional rules to understand and follow. An attorney in Goose Creek can answer your questions about the laws, provide sound legal advice, and guide you through the process.
The Attractive Nuisance Doctrine
Attractive nuisance is a legal principle allowing families to seek monetary damages from property owners who fail to prevent trespassing. Some examples include swimming pools, trampolines, old and abandoned vehicles, and playground equipment.
When the property has certain conditions known to attract children, the landowner must ensure young kids cannot gain access to them. When filing a lawsuit, you must show specific elements to prove fault, and those include:
- The person responsible for the property knew or should have known the object could attract young children
- Children are unlikely to recognize the risks of harm they face by trespassing to obtain access to the attraction
- The responsible party failed to exercise reasonable and responsible care to ensure minors could not access their property
- The landowner’s negligence directly relates to the injuries the minor sustained in the accident
The attractive nuisance doctrine typically involves children who are too young to appreciate the severity of risks and the potential for severe and life-threatening or fatal injuries.
The Statute of Limitations for Claims Involving Minors
The state’s personal injury statute of limitations limits the time people have to pursue monetary damages caused by negligence, and it is different for personal injury cases involving minors than for cases involving adults.
Generally, the statute clock only runs once children reach 18 years old, and they have three years to initiate legal action. If the parents or guardians of the injured minor wish to pursue monetary damages on their behalf, they must file the lawsuit within three years of the accident leading to bodily harm. A qualified child injury lawyer in Goose Creek can answer your questions about the laws and guidelines and handle the legal filings to ensure compliance.
Call a Child Injury Attorney in Goose Creek for More Information
Watching your child live with injuries they sustained in an accident is highly upsetting, and when it happens because of someone else’s recklessness, it is often infuriating and devastating. You have the right to seek a settlement from the responsible party if their actions caused your child harm.
Schedule an appointment with a compassionate Goose Creek child injury lawyer at Miller | Conway for more information. They can help you through the process and advocate for a just outcome.