What Happens in Accident Cases Involving Children in South Carolina

When it comes to personal injury cases involving minors, there are unique challenges and considerations that make these cases particularly complex. At The Lovely Law Firm, we’ve handled a variety of cases involving minors in South Carolina, and it’s essential to understand the intricacies of how to approach these situations to ensure proper compensation.

Can You Claim for a Child in a Car Accident?

How Injury Cases With Minors Differ Than Those With Adults

Injury cases involving children differ from those with adults, primarily due to the complexity of estimating long-term medical needs and the unique legal considerations for children. Unlike adults, minors are still growing, which means injuries can have long-lasting effects that may require surgeries or ongoing rehabilitation as they mature. This makes it difficult to place an accurate dollar amount on future medical expenses, as these needs can evolve over time. Additionally, settlements for minors often require court approval, and if the recovery exceeds certain thresholds, a conservatorship or structured settlement may be necessary to manage the funds. These factors make minor injury cases more intricate, as they require careful planning to ensure the child’s future medical care is fully covered.

The Challenge of Estimating Future Medical Needs in Cases Involving Children

When handling personal injury cases involving minors, one of the most complex and critical elements to consider is the child’s future medical care. Unlike adults, minors are still growing and developing, which means their injuries and medical needs may evolve over time. This makes it particularly difficult to estimate the long-term impact of their injuries and to place a definitive dollar amount on their medical expenses, especially in cases requiring surgeries or extended rehabilitation.

Why Future Medical Care Is So Important

In personal injury cases, the goal is always to ensure that the victim is fully compensated for their current and future medical expenses. With minors, however, this becomes far more complicated due to several factors:

1. Growth and Development: Children’s bodies are still developing, and injuries they sustain may have long-term effects that are not immediately apparent. For instance, a child who suffers a broken bone or a severe joint injury might need multiple surgeries as they grow. What might seem like a straightforward fracture at the time of the accident could result in long-term complications as the child’s body matures.
2. Extended Rehabilitation: In some cases, a child may require ongoing physical therapy or rehabilitation that extends well into their adulthood. For example, if a child experiences a traumatic brain injury or serious musculoskeletal damage, they may need therapy sessions, surgeries, or specialized care well into their 20s or even beyond.
3. Uncertainty of Future Needs: Predicting a child’s exact future medical needs is inherently difficult. Medical technology and treatments evolve, and the long-term effects of some injuries may only become apparent as the child grows older. As such, it’s hard to calculate an exact figure for future medical care, rehabilitation, and surgeries.

Pain and Suffering for a Minor Child After an Accident

When a child is injured in an accident, the impact goes far beyond physical wounds. Children often struggle to understand why they are in pain or why their daily life has suddenly changed. At The Lovely Law Firm, we recognize that a child’s pain and suffering includes both the physical discomfort and the emotional distress that can linger long after the accident itself.

In South Carolina, compensation for a child’s pain and suffering takes into account factors such as the severity of the injuries, the length of recovery, and any long-term effects on the child’s well-being. This may include anxiety, sleep disturbances, fear of returning to certain activities, or the loss of normal childhood experiences. Because children are still growing and developing, even seemingly minor injuries can have lasting consequences.

Our legal team works closely with families to document how the accident has affected the child’s life, through medical records, therapy reports, and testimony from parents, teachers, and healthcare providers. We fight to ensure the settlement reflects not only the medical costs, but also the very real emotional and psychological pain your child has endured. At The Lovely Law Firm, we handle these cases with compassion and dedication, always putting the child’s best interests first. Our goal is to secure fair compensation that helps your family move forward with the resources and peace of mind you deserve.

Planning for the Long-Term Care in Car Accident Settlements for a Child

At The Lovely Law Firm, we take every step to ensure that future medical needs are thoroughly considered in our cases involving minors. Here’s how we approach it:

1. Comprehensive Medical Evaluation: From the beginning, we ensure that our clients undergo a comprehensive medical evaluation to understand the full scope of their injuries and any potential future treatment. This often involves consultations with pediatric specialists, surgeons, and other healthcare professionals who can help us estimate long-term care needs.
2. Long-Term Medical Projections: With input from medical experts, we can project future medical expenses based on the severity of the injury. We consider the possibility of surgeries, therapy, medical equipment, and any other care that may be necessary as the child grows. While these projections are based on current medical knowledge, we recognize that unforeseen complications may arise.
3. Fighting for Full Compensation: Given the uncertainty around future medical care, we are committed to fighting for the most comprehensive accident settlement possible. We work to ensure that all potential future costs are considered and accounted for, ensuring that our clients are not left with uncovered expenses. This may mean negotiating higher settlement amounts or opting for structured settlements that guarantee long-term care.
4. Special Considerations for Growing Children: For injuries that may impact a child’s physical or mental development, we make sure that the settlement covers not just immediate care, but also any future needs related to their growth. This includes taking into account the possibility of complications with their development or additional medical needs that could arise as they age.

Real-World Injury Example Involving a Teenager: Golf Cart Accident Case

In a recent case involving a minor, we successfully negotiated a settlement that accounted for both immediate and future medical needs. The child, who suffered serious injuries in a golf cart accident, required multiple surgeries and ongoing rehabilitation.

When calculating the accident settlement, we worked with medical experts to estimate the child’s future needs, which included potential surgeries as the child grew, physical therapy, and other long-term medical care. We also considered the potential for additional treatments due to complications related to the injuries as the child entered adolescence and adulthood.

This process ensured that the family received a settlement that would cover their child’s medical care for many years to come, even though the full extent of the injury’s impact on the child’s development wasn’t entirely clear at the time of the settlement.

Structured Settlements for Children in Injury Cases

When recovering compensation for minors, there are also additional considerations, especially when the settlement amount exceeds certain thresholds. In South Carolina, any recovery over $2,500 net to a minor once medical bills and other expenses are taken care of must be court-approved, and any recovery over $15,000 requires the creation of a conservatorship.

Structured settlements are a great way to avoid these complications and ensure the minor’s funds are managed appropriately. Instead of placing funds in a conservatorship, a structured settlement allows for tax-free growth and ensures the minor will have funds available for college and future life milestones.

Contact the Lovely Law Firm if Your Child Has Been Injured

It is important to understand the unique aspects of minor injury cases. At the Lovely Law Firm, we do all we can to ensure that your child’s legal recovery is as smooth and beneficial as possible. If your child has been injured in an accident, we invite you to reach out to our team of compassionate and experienced personal injury attorneys. We have handled many cases involving minors and understand the complexities these cases bring. Contact us today for a free case evaluation.