How the Law Handles Catastrophic Injuries to Children in Auto Accidents
Seeing your child suffering from catastrophic injuries is one of the most heartbreaking and gut-wrenching experiences any parent can face. When your child’s injuries were caused by another driver or party in a motor vehicle crash, your sense of devastation and helplessness can further overwhelm you.
While your child’s physical and emotional scars may never heal completely, South Carolina law provides specific safeguards when children are catastrophically injured in accidents, including car crashes. They are intended to protect your child’s best interests and get the resources you require to manage your child’s injuries. Our catastrophic injury attorneys at Tanenbaum Law can help ensure your child has the best possible future, regardless of their injuries.
How Laws Protect Your Child’s Best Interests
Generally, in South Carolina, the standard three-year time limit to file a personal injury lawsuit will be paused for your child until they turn 18. However, you must not delay seeking advice from a Charleston, SC, catastrophic injury lawyer because evidence can be lost or difficult to obtain over time.
SC law also requires a judge to approve any significant settlement reached on behalf of your child. This judicial review ensures your child’s settlement is fair and adequate for their current and future needs, protecting them from potentially insufficient offers. When your child receives a substantial settlement for their catastrophic injuries, it isn’t simply handed over.
The court may require you to place the funds in a structured settlement, special needs trust, or protected conservatorship account. This helps ensure that the settlement will be used appropriately for your child’s medical care, education, and other needs until they become adults or for the rest of their lives.
The damages you can recover compensation for your child’s behalf can include:
- Lifelong medical expenses
- Loss of future earning capacity
- Pain and suffering
- Disfigurement and permanent impairment
- Loss of enjoyment of life
You may also recover compensation for the medical expenses you have personally paid. Depending on your specific circumstances, you can even recover emotional trauma damages arising from your child’s injury, as in the case of Kinard v. Augusta Sash & Door Co., under the bystander liability rule.
How an Injury Attorney Can Help You and Your Child
Navigating the legal system after your child has suffered catastrophic injuries in a car crash is an immense burden that you shouldn’t face alone. A skilled Charleston, SC, catastrophic injury lawyer can help by:
- Guiding you through South Carolina’s specific procedures
- Thoroughly investigating the auto accident
- Planning for your child’s lifelong needs to establish the most appropriate financial structure to manage your child’s settlement
- Proving the full extent of your child’s damages with help from life care planners, pediatric specialists, and vocational experts
Our injury attorney will also fight insurance companies for the settlement your child deserves, whether through strategic negotiations or in court.
Trust Our Catastrophic Injury Lawyers to Fight for Your Child’s Future
At Mark C. Tanenbaum, our catastrophic injury attorneys understand the nuances of the law and know how to effectively communicate the profound ways your child’s injuries have affected their life and yours. Call us today at (843) 577-5100 or contact us online to schedule your free case review.