Was your child recently injured in an accident in Charleston, South Carolina? You may be entitled to compensation for your child’s medical bills, wages you’ve lost while caring for them, and the harder-to-value trauma they’ve experienced. Contact the Ty Robinson Personal Injury & Car Accident Law Firm at (843) 278-2222 to learn about your family’s legal rights and options.
Our experienced Charleston child injury lawyer can help you fight for the financial justice you deserve. We offer a free consultation, so call our Charleston law office to discover how we can help you maximize your child’s injury settlement.
Why Choose the Ty Robinson Law Firm to Handle Your Child Injury Case in Charleston, SC
Led by attorney Ty Robinson, our team offers years of experience handling emotional, personal, and high-stakes personal injury disputes. A skilled negotiator and respected trial attorney, he’s won millions of dollars by not backing down when things get tough.
When your child’s been injured because someone else was negligent or violent, you’ll do anything to get justice. You deserve to work with a Charleston personal injury lawyer who’ll fight for them with that same passion.
Hiring our personal injury law firm sends a clear message that you won’t back down until those responsible for your child’s injuries have been held accountable. It gives you the edge you need to maximize your child’s financial recovery.
Contact us today for a free consultation with a Charleston personal injury lawyer.
Fighting for Children Who’ve Been Injured in All Types of Accidents
Statistically speaking, about 20 percent of all childhood deaths are caused by unintentional injuries. For every child who dies because of an unintentional injury, another 1,000 visit the emergency room, and 29 are hospitalized.
While some childhood injuries, bumps, and bruises are just a part of growing up, others can—and should—be avoided.
At the Ty Robinson Law Firm, we’re proud to fight for children who are needlessly injured due to the negligence or intentionally harmful acts of others, often related to:
- Car accidents
- Truck accidents
- Bicycle accidents
- Motorcycle accidents
- Pedestrian accidents
- Mass transit accidents
- Slip and fall accidents
- Swimming pool accidents
- Boating accidents
- Dog bites
- Defective products
- Assaults
- Sexual assaults
- Institutional sexual abuse
- Medical malpractice
- Birth injuries
If your child was injured because of someone else’s wrongful actions, don’t hesitate to call our Charleston personal injury attorney for help. We’re available to answer your questions, shed light on possible legal options, and explain how working with our top-rated law firm can help you win your case and maximize your child’s financial recovery.
Who’s Liable for My Child’s Injuries?
Liability typically hinges on whether your child was owed a duty of care and if that duty was violated.
For instance, if you send your child to school, the school and its employees assume a responsibility to keep your child safe. If your child is injured by a bully or assaulted by a teacher, the school can potentially be liable for resulting damages.
At the Ty Robinson Law Firm, we’re not afraid to fight for accountability from anyone who put your child in harm’s way, including a:
- Negligent motorist
- Property owner
- Dog owner
- Business
- Government agency
- School or daycare center
- Coach or mentor
- Member of the clergy
- Church or religious institution
- Medical professional
- Babysitter or nanny
- Manufacturer
- Retail store
Our firm will carefully investigate your case, gather and evaluate critical pieces of evidence, and consult reliable experts as we work to understand how your child got hurt and who’s to blame.
How Much Is My Child Injury Case Worth?
Every kid will have a unique experience when they’re injured unexpectedly and through little-to-no fault of their own. Ultimately, the types of injuries they suffer and how those injuries affect their life—now and in the future—will have the greatest impact on the value of a child injury claim.
Important considerations include:
- Your child’s age at the time of injury
- Changes in your child’s quality of life
- The need for long-term medical care or nursing assistance
- Wages and income you’ve lost out on while tending to your child’s recovery
- Out-of-pocket costs you’ve had to support your child in the wake of their accident
- Projected reductions in your child’s earning capacity if they’ve been disabled
The more your child’s injuries affect their life—physically, emotionally, and financially—the more you might expect to recover through a personal injury claim for damages.
How Can South Carolina’s Comparative Fault Rule Affect Child Injury Cases?
South Carolina follows a modified comparative negligence system, meaning an injured party can recover damages as long as they are 50% or less at fault, with recovery reduced by their percentage of fault. At 51% or more, recovery is barred.
In child injury cases, courts do not apply adult standards of care to children. Instead, they consider the child’s age, maturity, experience, and understanding. Children under the age of 7 are generally presumed incapable of negligence, while those aged 7–14 may be presumed incapable unless evidence shows otherwise. Teenagers may be held to a standard closer to adults.
As a result, whether comparative fault applies to a child injury case is assessed case by case. Younger children are less likely to be found comparatively negligent, while older children might bear some fault, potentially limiting their recovery. Parental negligence (e.g., lack of supervision) may also play a role in these cases.
What Damages Can Be Awarded to Injured Children in Charleston, SC?
When you file a child injury lawsuit on your child’s behalf after an accident in Charleston, South Carolina, you can request two types of awards: economic damages and non-economic damages.
Economic Damages
Economic damages are intended to address financial complications related to your child’s avoidable injury, which could include:
- Present and future medical expenses
- Rehabilitation
- Occupational therapy
- Physical therapy
- Personal care assistance
- Costs related to modifying the child’s home and/or primary transport vehicle to accommodate a disability
- Diminished earning capacity
These damages aim to ensure that your child receives the care, resources, and support they need—not only now, but throughout their lifetime.
Non-Economic Damages
Non-economic damages are designed to acknowledge the traumatic life changes your child experiences because of what they’ve gone through.
Common non-economic damages include money for:
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Mental anguish
- Embarrassment
- Chronic physical pain
- Disfigurement
- Physical scarring
Your family may also be able to recover punitive damages if your child injury lawsuit gets to trial. A jury can award punitive damages if a defendant’s actions were clearly malicious or grossly negligent.
Children Can Suffer Serious Physical Injuries
Kids are susceptible to serious physical injuries when they’re abused, neglected, or involved in a serious accident, including:
- Broken bones
- Soft tissue injuries
- Back injuries
- Neck injuries
- Spinal cord injuries
- Chest injuries
- Nerve damage
- Crushing injuries
- Concussions
- Head injuries
- Brain injuries
- Whiplash
- Leg injuries
- Amputation injuries
- Burn injuries
- Eye injuries
- Catastrophic injuries
- Wrongful death
Report the accident or act of violence that caused your child to get hurt, then get them to the closest emergency room in Charleston for a thorough medical evaluation.
How Long Will I Have to File a Child Injury Lawsuit in South Carolina?
In South Carolina, children cannot file personal injury lawsuits on their own. However, a parent or legal guardian can bring a claim on their behalf. In that case, the lawsuit must generally be filed within three years from the date of the injury.
If a claim is not filed by a parent or guardian, the statute of limitations may be tolled, or paused, until the child turns 18 years old. After that, the child typically has one year to file a lawsuit on their own.
It’s important to act within the applicable time limits. Once the statute of limitations expires, the right to seek compensation is permanently lost—regardless of who brings the claim.
What Does It Cost to Hire a Child Injury Attorney?
Hiring a child injury attorney typically doesn’t involve any upfront or out-of-pocket costs. Most personal injury lawyers—especially those who handle child injury cases—work on a contingency fee basis. This means:
- You pay nothing upfront.
- You only pay legal fees if your attorney wins compensation for you through a settlement or trial verdict.
- If there’s no recovery, you owe nothing for attorney’s fees.
The attorney’s fee is usually a percentage of the final recovery, commonly between 33% and 40%, depending on the complexity of the case and whether it goes to trial.
In addition to attorney’s fees, there may be case-related expenses, such as court filing fees, expert witness costs, and medical record retrieval fees. Many attorneys will advance these costs and deduct them from your settlement, but it’s important to clarify this during your initial consultation.
Schedule a Free Consultation With an Experienced Charleston Child Injury Attorney
When your child is hurt in a preventable accident, your priority should be their healing—not battling insurance companies. Let the Ty Robinson Law Firm handle the legal fight while you focus on your child’s recovery.
Our Charleston child injury attorney brings years of experience, a proven record of million-dollar results, and an unwavering commitment to securing justice for injured children and their families.
Call our law office today to schedule your free, no-obligation consultation and learn how we can help protect your child’s future.
