Was your child hurt on a bicycle in South Carolina? You have the right to bring a personal injury claim on his or her behalf if the accident was caused by the negligence of any other party. At Query Sautter & Uricchio, LLC, we have the skills and experience to take on child injury cases. Here, our Charleston bike accident lawyer provides a guide to claims for kids in South Carolina.
Parents or Guardians Bring Claims on Behalf of the Child
Young children and teenagers are disproportionately likely to be injured in a bicycle accident. Unfortunately, bike/traffic collisions can result in devastating injuries. A child who has been hurt needs immediate medical attention and the proper ongoing support. A key thing to know about personal injury law in South Carolina is that a minor cannot independently file a lawsuit on their own behalf. However, that does not mean that a child (and their family) is without rights after a bike accident. A parent or legal guardian acts as the child’s representative and asserts the claim in court. The claim can seek compensation for the full extent of the child’s injuries (and other damages) caused by the bicycle accident.
Statute of Limitations (Timing in Child Bike Accident Claims)
South Carolina applies special timing rules to claims involving minors. While adult personal injury claims carry a standard limitations period, a child’s claim may be tolled until adulthood. That does not mean delay is wise. Evidence fades, witnesses disappear, and other challenges can arise. There is no reason to wait to take action after a child’s bicycle accident in South Carolina. You do not want to fall behind the defendant or its insurer. A Charleston, SC bicycle accident attorney can help you get justice for your child and compensation for your family.
A Bicycle Accident Injury Settlement for a Child May Have to Be Approved By a Court
Under South Carolina law (S.C. Code Ann. § 63-3-530(A)(31)), court approval is required for most personal injury settlements involving minors, including in bicycle accident cases. The court reviews the terms to ensure the resolution serves the child’s best interests. Judges examine the amount, allocation of funds, attorney’s fees, and how proceeds will be protected. Depending on the circumstances, some (or all) of the funds may be placed in a restricted account or another type of structured arrangement until the child reaches the age of majority. A Charleston, SC, bicycle accident attorney can help you and your family navigate the settlement process.
Call Our Charleston, SC Bike Accident Lawyer for Your Free Case Review
At Query Sautter & Uricchio, LLC, our Charleston bike accident attorney has the experience needed to handle child injury claims. If your child was hurt in a bike accident, please do not hesitate to contact us today for your free, no-obligation initial consultation. From our Charleston law office, we handle bicycle accident injury claims throughout South Carolina.