A child hurt in a South Carolina accident has the same legal right to a settlement as an adult, but children under 18 can’t make legal decisions. A parent or guardian does it for them—making you responsible for settlement decisions.
There’s no doubt you’ll answer to your child for it one day. We want to help make you proud of that answer.
Because a child’s case requires extreme legal care, you need to know the risks and complexities you face by going it alone. The three major concerns in a child’s accident case are:
We’ll expand these topics below.
As any parent knows, there’s nothing worse than watching your child suffer. We understand that, too. We generally don’t use the phrase “pain and suffering,” because that’s only part of a settlement for what you go through due to injuries. Instead, we call it “human loss,” because that more accurately captures what we seek a settlement for: the harm and loss to your child as a unique little person.
When a child suffers permanent injuries, they are more serious than an adult’s because they last longer. That’s got to be taken into consideration when you settle a child’s accident case. Often, we meet with your child’s doctors to help prove the extent of the permanent injury, including one of the most important considerations: the cost of future medical care, which must be proven under strict legal requirements to qualify for a settlement.
These two primary features of a child’s case mean there’s naturally more at stake in your child’s injury case. The last thing a parent wants to do is fail their child. You can bet the insurance company and its adjuster will be ruthless in their quest to keep money out of your child’s hands, no matter how much it’s needed or deserved.
To get an idea of how complicated determining how much to ask for in a child’s settlement is, check out this article about all the factors involved in adult cases.
QUICK PRO TIP: Pay your child’s accident medical bills with health insurance or Medicaid, just like any other bill.
Don’t risk enabling the insurance company to take advantage of you and cheat your child. Let us do the hard work in figuring out a fair settlement for your child. We’ll also do the dirty work handling insurance adjuster tactics. We’re professional Spartanburg personal injury attorneys.
You can contact us with a live chat, fill out a Get Help Now form, or call toll-free at (864) 582-0416.
Before the typical child’s settlement can be paid, it’s got to be reviewed by a judge at a hearing.
To determine whether you should go to court alone, ask yourself:
Did you catch that the insurance company will have an attorney? Insurance companies are experienced in legal matters, so you can bet they’ll be wise enough to have legal protection for their sake.
By requiring a judge to approve your child’s settlement at a hearing, is it possible South Carolina law is trying to tell you something? When your child got hurt, you got professional medical help. You need to get your child professional legal help, too.
Legally, a parent “stands in their child’s shoes.” Those are big shoes to fill. The result of this settlement can have lifelong implications. The parent who handles the case as the child’s official legal representative is called a “guardian ad litem.”
How do you decide which parent handles a child’s accident case?
Once a judge approves your child’s settlement, what happens to the money? That’s complicated because South Carolina law requires a child’s settlement money to be protected. Most of the protection is geared toward preventing the child or a wayward parent from wasting the money.
In most cases, you’ve got two options: private investment (usually a structured settlement) or court supervision. The basic differences are:
One day, maybe years from now, your child will want to know the story about the accident. Right now, give yourself the freedom to look them in the eye and tell them you went the extra mile for them by getting legal advice.
Maybe you don’t want to. But that’s what good parents do—things they don’t want to do that are right for the child. To show how we’ve helped other parents like you—who may have been equally reluctant, read the stories below. Just understand that every case is unique, unique facts and law apply to create different outcomes in each case, and a past result doesn’t guarantee a future one:
Reach out to us for legal advice about your child’s South Carolina accident settlement. It’s free*, and we make it easy. You can contact us with a live chat, fill out a Get Help Now form, or call toll-free at (864) 582-0416. Here’s an idea of what’s like to meet with us.
Wondering what it’s like to work with us? Check out these reviews on a website we don’t own and Google.
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