Your eight-year-old daughter was riding in the backseat when another driver ran a red light and T-boned your vehicle. She suffered a concussion and now has nightmares about riding in cars. The medical bills are piling up, but you're not sure what legal rights your child has or how to protect them.
When children are injured in car accidents, parents face a legal process that differs significantly from adult injury claims. A South Carolina car accident lawyer who handles cases involving injured children can guide you through each step while protecting your family's interests.
Why Child Injury Claims Require Different Legal Procedures
South Carolina law recognizes that children cannot protect their own legal interests in the same way adults can. Because minors lack the capacity to make certain binding legal decisions, the courts and statutes have established specific procedures to safeguard their rights.
Court Approval for Settlements
In many cases, court approval is required to settle a minor's injury claim, especially for larger settlements, but there are statutory exceptions. Under South Carolina Code § 62-5-433, claims not exceeding $2,500 may be settled by a parent or guardian without court approval. For claims above that threshold, the statute sets out specific procedures depending on the settlement amount and which court has jurisdiction.
Statute of Limitations
The standard three-year statute of limitations for personal injury claims doesn't begin running until a child turns 18. This means an eight-year-old injured in a car accident may have until age 21 to file a lawsuit in their own name.
However, parents often have their own separate claim for medical expenses they've paid on behalf of the child. The South Carolina Supreme Court has recognized that medical expenses incurred on behalf of a minor child are typically included in the parent's cause of action, not the child's.
How Parents Establish Legal Authority to Represent Their Child
Parents don't automatically step into their child's shoes for litigation purposes without following proper procedures. South Carolina Rule of Civil Procedure 17 governs how minors are represented in legal proceedings and how that appointment happens.
Parents are often appointed as guardian ad litem for their child, but this requires a formal court appointment under Rule 17. Grandparents, relatives, or foster parents need court authorization, either existing guardianship or specific appointment as guardian ad litem for the claim.
Insurance companies will scrutinize whether the person negotiating on behalf of the child has proper legal authority. Without it, any purported settlement or release may not be enforceable.
The Process of Filing a Child Injury Claim in South Carolina
Start by collecting thorough documentation. Gather police reports, complete medical records from every healthcare provider, photographs of injuries and accident damage, and witness contact information.
You must notify the at-fault driver's insurance company, but be cautious about providing detailed information without legal representation. Never sign broad medical authorizations or accept quick settlement offers without first consulting your lawyer.
Your South Carolina attorney will work with medical professionals and economic experts to calculate total damages, including future costs that insurance companies often resist paying. Armed with this damage assessment, negotiations can begin. The settlement amount will determine what procedural steps are required under South Carolina law.
Understanding South Carolina's Settlement Amount Tiers
South Carolina Code § 62-5-433 establishes specific thresholds that determine how a minor's settlement is handled and whether it requires court approval.
Claims of $2,500 or Less
For settlements not exceeding $2,500, a parent or guardian may settle the claim without court approval. This statutory exception allows smaller cases to be resolved efficiently.
Claims Over $2,500 and Up to $25,000
For settlements exceeding $2,500 but not more than $25,000, the process typically involves filing a petition with the appropriate court. The probate court generally has jurisdiction over settlements of $25,000 or less, making it the venue for most smaller-to-moderate child injury settlements.
Claims Exceeding $25,000
Settlements over $25,000 require a verified petition and more extensive court review. For these larger settlements, the circuit court typically has jurisdiction. The statute spells out specific hearing and approval requirements to ensure the settlement adequately compensates the child for serious injuries.
Court Approval Requirements
When court approval is required, your attorney prepares a detailed petition describing the accident, your child's injuries and treatment, medical expenses, the proposed settlement amount, and how funds will be distributed and protected. The petition must be verified and include supporting documentation.
A judge reviews this documentation at a settlement hearing and may ask questions about medical treatment, future needs, or fund management. Once approved, the court issues orders about protecting settlement funds. Options include blocked bank accounts, structured settlements, or special needs trusts.
Common Mistakes to Avoid When Filing Claims for Children
Parents facing their first experience with child injury claims often make errors that reduce their child's compensation. Awareness of these common pitfalls helps you avoid them.
- Accepting early settlement offers. Insurance adjusters target parents under financial stress, but immediate pressure shouldn't lead you to shortchange your child's future.
- Missing the parent's separate deadline. If you paid medical bills, your claim for reimbursement typically follows the standard three-year statute, not your child's tolled deadline.
- Not consulting medical specialists. Family doctors may not be qualified to assess long-term effects. Be sure to consult specialists who can evaluate future complications.
- Ignoring lien or subrogation obligations. Health insurance and Medicaid reimbursement claims can significantly reduce your child's net recovery if not addressed properly.
Why Legal Representation Matters in Child Injury Cases
Trying to handle a child's car accident injury claim without an attorney is risky. The statutory thresholds under § 62-5-433, guardian ad litem appointment requirements, medical complexities, and court approval procedures create numerous opportunities for mistakes that could reduce your child's compensation or even result in an unenforceable settlement.
An experienced South Carolina car accident lawyer provides knowledge of fair settlement values, access to medical experts, skill in negotiating with insurance companies, and experience with the specific court approval procedures.
If your child was injured in a South Carolina car accident, don't face insurance companies and legal procedures alone. Our legal team at Pracht Injury Lawyers understands the unique challenges of child injury claims, and we'll fight to protect your child's future while you focus on their recovery.